Basavaraj Mallikarajun Yeragal vs Karnataka Real Estate Regulatory ...
2024 Latest Caselaw 5278 Kant

Karnataka High Court

Basavaraj Mallikarajun Yeragal vs Karnataka Real Estate Regulatory ... on 21 February, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                          -1-
                                                        NC: 2024:KHC:7399
                                                      WP No. 4219 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                       BEFORE
                     THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                      WRIT PETITION NO.4219 OF 2023 (GM-RES)


              BETWEEN:

              BASAVARAJ MALLIKARAJUN YERAGAL
              DEVELOPERS,
              AGED ABOUT 45 YEARS,
              NO.107, NEELA GANGA NILAYA
              NEAR ST.PETERS SCHOOL
              NAGADEVANAHALLI, BENGALURU-560056

              PRESENT OFFICE ADDRESS:-
              AT NO.212, ARUNACHALAM LAYOUT,
              KOMMAGATTA, NEAR KENGERI SATELLITE CLUB
              BANGALORE-560060.
                                                             ...PETITIONER
              (BY SRI. SURENDRA N., ADVOCATE)

                 AND:
Digitally signed
by NAGAVENI
                 1. KARNATAKA REAL ESTATE REGULATORY AUTHORITY
Location: HIGH      2ND FLOOR, SILVER JUBILEE BLOCK,
COURT OF
KARNATAKA           UNITY BUILDING, CSI COMPOUND
                    BENGALURU-560027
                    REPRESENTED BY ITS SECRETARY.
              2.    R. VISHWANTH
                    S/O RAMACHANDRAPPA
                    AGED ABOUT 43 YEARS,
                    #169, 1ST MAIN, VINAYAKA NAGAR,
                    ADUGODI POST,
                    BENGALURU-560030.
              3.    GOUTHAM RAJENDRA MEHTA
                    LANDLORD-1
                               -2-
                                             NC: 2024:KHC:7399
                                          WP No. 4219 of 2023




     M/S. PRITHWI AND CO
     #9 AND 10, 3RD FLOOR,
     SRI PUTTANNACHETTY COMPLEX,
     BULL TEMPLE ROAD, BASANAGUDI
     BENGALURU-560004.
4.   N BIMAL KUMAR
     M/S. PRITHWI AND CO
     #9 AND 10, 3RD FLOOR,
     SRI PUTTANNACHETTY COMPLEX,
     BULL TEMPLE ROAD, BASANAGUDI
     BENGALURU-560004.
                                               ...RESPONDENTS

     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER TO MODIFY INTEREST PORTION OF THE
IMPUGNED JUDGMENT ORDER DATED 25TH DAY OF NOVEMBER,
2022 IN COMPLAINT NO.CMP/220406/0009313 (ANNEXURE-A)
PASSED BY THE KARNATAKA REAL ESTATE REGULATORY
AUTHORITY, THE R-1 AND ETC.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

This Court on two occasions i.e., on 05.10.2023 and

19.01.2024 granted time to comply with the office objections

and on 19.01.2024, had passed a peremptory order, which

reads as follows:

"Finally, one week time is granted to comply with the office objections, failing which, the petition would be dismissed for its non- prosecution without reference to the Bench."

NC: 2024:KHC:7399

Even today, the learned counsel for petitioner has not

complied with the office objections. Therefore, writ petition is

dismissed for its non-prosecution.

Sd/-

JUDGE

HJ