Sri Pabba Reddy Kodandarami Reddy vs The Member Secretary
2024 Latest Caselaw 5282 Kant

Karnataka High Court

Sri Pabba Reddy Kodandarami Reddy vs The Member Secretary on 21 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                            NC: 2024:KHC:7238
                                                        MFA No. 8732 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 8732 OF 2022 (CPC)

                   BETWEEN:

                   1.    SRI PABBA REDDY KODANDARAMI REDDY
                         S/O RANGA REDDY
                         AGED ABOUT 50 YEARS,
                         R/AT SREE LAKSHMI VENKATESHWARA TOWERS
                         SY.NO.75/6, 2ND FLOOR, OUTER RING ROAD
                         NEAR NEW HORIZON GURUKUL SCHOOL
                         BELLANDUR, BENGALURU-560013
                                                                ...APPELLANT

                               (BY MISS. SOMI JHA, ADVOCATE FOR
                              SRI. SADANAND G. SHASTRI.,ADVOCATE)
                   AND:

                   1.    THE MEMBER SECRETARY
                         SATELLITE TOWN RING ROAD
Digitally signed         PLANNING AUTHORITY,
by SHARANYA T
Location: HIGH
                         BMRDA OFFICE,
COURT OF                 ALI ASKAR ROAD
KARNATAKA
                         BENGALURU - 560052.

                   2.    M/S. UPKAR RESIDENCES PVT. LTD.,
                         REPRESENTED BY ITS
                         MANAGING DIRECTOR
                         SRI K.H.KHAN
                         AGED ABOUT 60 YEARS,
                         REGISTERED OFFICE
                         AT NO.28 UPKAR TOWERS
                         9TH CROSS, 2ND BLOCK,
                         JAYANAGAR, BENGALURU-560011
                                                             ...RESPONDENTS
                               -2-
                                                 NC: 2024:KHC:7238
                                             MFA No. 8732 of 2022




      THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 29.11.2022 PASSED ON I.A.
NO.2/2022    IN O.S.NO.448/2022 ON THE FILE OF THE IV
ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL,     REJECTING
I.A. NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH
SECTION 151 OF CPC.


    THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

The learned counsel for the appellant seeks

permission of this court orally to withdraw the appeal with

liberty to file the same before the appropriate court.

2. Accordingly, the appeal is dismissed as

withdrawn.

3. The Registry is directed to returned the certified

copies of the documents.

Sd/-

JUDGE

SS