Shrivision Towers Private Ltd vs Ms Rashmi J
2024 Latest Caselaw 12267 Kant

Karnataka High Court

Shrivision Towers Private Ltd vs Ms Rashmi J on 3 June, 2024

                                               -1-
                                                          NC: 2024:KHC:19034-DB
                                                          RERA.A No. 8 of 2022




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 3RD DAY OF JUNE, 2024
                                           PRESENT
                         THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                              AND
                             THE HON'BLE MR JUSTICE C M JOSHI
                                  RERA APPEAL NO.8 OF 2022
                 BETWEEN:

                 SHRIVISION TOWERS PRIVATE LIMITED,
                 NO.31, 2ND MAIN, T.CHOWDAIAH ROAD,
                 SADASHIVNAGAR,
                 BENGALURU - 560080,

                 REPRESENTED BY ITS AUTHORISED SIGNATORY,
                 SRI.NAVEEN KUMAR.
                                                                    ...APPELLANT
                 (BY SRI. ARVIND GHIMIRAY, ADVOCATE FOR
                 SRI. JOSEPH ANTHONY, ADVOCATE)

                 AND:

                 1.    MS RASHMI J,
Digitally
signed by K G          AGED ABOUT 35 YEARS,
RENUKAMBA              W/O SHIVAKIRAN B R,
Location: High         NO.53, 3RD MAIN ROAD,
Court of               PADMAVATHY NAGAR, KITHAGNUR,
Karnataka              BENGALURU-560049.

                 2.    THE KARNATAKA REAL ESTATE
                       REGULATORY AUTHOITY,
                       2ND FLOOR, SILVER JUBILEE BLOCK,
                       UNITY BUILDING CSI COMPOUND,
                       3RD CROSS, MISSION ROAD,
                       BANGALORE-560027,

                       REPRESENTED BY ITS SECRETARY.
                                                               ...RESPONDENTS

                 (BY SRI. M.D.RAJ KUMAR (VK NOT FILED), ADVOCATE)
                                 -2-
                                            NC: 2024:KHC:19034-DB
                                              RERA.A No. 8 of 2022




     THIS APPEAL IS FILED UNDER SECTION 58 OF THE REAL
ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016, PRAYING TO:

     A) ISSUE AN ORDER OR DIRECTION TO SET ASIDE THE
IMPUGNED JUDGMENT DATED APRIL 12, 2021 IN APPEAL (KREAT)
NO.375/2020 (ANNEXURE A)

     B) IN THE ALTERNATIVE, REMAND THE MATTER TO THE FILE
OF THE K-REAT, THEREBY DIRECTING THE K-REAT TO PERMIT THE
APPELLANT HEREIN TO ADVANCE ARGUMENTS AND PROSECUTE THE
SAID APPEAL WITHOUT THE REQUIREMENT TO MAKE THE DEPOSIT
OF SEVENTY PER      CENT OF THE AMOUNT AS                 AWARDED BY
RESPONDENT NO.2 TO RESPONDENT NO.1 AND ETC.,



     THIS   APPEAL,    COMING     ON    FOR    ORDERS,      THIS   DAY
V KAMESWAR RAO J., DELIVERED THE FOLLOWING:


                           JUDGMENT

A memo for withdrawal has been filed by Sri. Joseph

Anthony, learned counsel for the appellant, which reads as

under:

1. The counsel undersigned craves leave of this Hon'ble Court to withdraw the instant appeal in view of the Respondent No.1 having assigned all her rights under the Sale Agreement to a third-party, thereby putting to rest all claims and contentions. Hence, it is most respectfully prayed that this Hon'ble Court may be pleased to dismiss the appeal as withdrawn, in view of the assignment, in the interest of justice and equity.

NC: 2024:KHC:19034-DB

2. In view of the above, though there is no

representation for the respondents, we dismiss the appeal as

withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

SNC,NR