Citation : 2024 Latest Caselaw 24823 Kant
Judgement Date : 14 October, 2024
-1-
NC: 2024:KHC:41376-DB
RERA.A No. 24 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
RERA APPEAL NO. 24 OF 2021
BETWEEN:
SHRIVISION TOWERS PVT LTD
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT 1956,
HAVING ITS PRESENT OFFICE AT NO.31,
2ND MAIN, T. CHOWDAIAH ROAD,
SADASHIVNAGAR, BENGALURU - 560 080,
REPRESENTED BY ITS AUTHORISED SIGNATORY,
SRI. NAVEEN KUMAR J.
...APPELLANT
(BY SRI. JOSEPH ANTHONY, ADVOCATE)
AND:
Digitally signed
by K G 1. SRI. SUJITH SAHO,
RENUKAMBA S/O. MANORANJAN SAHO,
Location: High AGED ABOUT 33 YEARS,
Court of
Karnataka FLAT NO.T1, 4TH FLOOR,
PREM SAI RESIDENCY,
B C GUNDAPPA LYT, BYRASANDRA,
BANGALORE - 560 093.
2. THE ADJUDICATING OFFICER,
THE KARNATAKA REAL ESTATE
REGULATORY AUTHORITY,
2ND FLOOR,
SILVER JUBILEE BLOCK,
UNITY BUILDING,
CSI COMPOUND,
-2-
NC: 2024:KHC:41376-DB
RERA.A No. 24 of 2021
3RD CROSS, MISSION ROAD,
BENGALURU - 560 027.
3. SHRIPROP HOMES PVT LTD.,
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT 1956,
HAVING ITS PRESENT OFFICE AT NO.31,
2ND MAIN, T. CHOWDAIAH ROAD,
SADASHIVNAGAR, BENGALURU - 560 080.
...RESPONDENTS
(BY SRI. RAJASHEKAR.K., ADVOCATE FOR R2,
R3 - SERVED AND UNREPRESENTED)
THIS RERA.A IS FILED UNDER SECTION 58 OF THE REAL
ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
PRAYING TO ISSUE AN ORDER OR DIRECTION TO SET ASIDE
THE IMPUGNED JUDGMENT DATED APRIL 19, 2021 PASSED IN
APPEAL (K-REAT) NO.158 OF 2020 (ANNEXURE - A), ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
AND
HON'BLE MR JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
Learned counsel for the appellant has filed a
memo for withdrawal dated 14.10.2024, which reads
as under:
NC: 2024:KHC:41376-DB
"MEMO FOR WITHDRAWAL
The counsel undersigned craves leave of this Hon'ble Court to withdraw the instant appeal in view of the parties having settled the dispute, vide a Joint Settlement Agreement dated June 10, 2024, thereby putting to rest all claims and contentions. Hence, it is most respectfully prayed that this Hon'ble Court may be pleased to dispose the appeal as withdrawn, in view of the settlement arrived at between the parties, in the interest of justice and equity."
2. As the learned counsel reiterates the prayer made
in the memo for withdrawal, the appeal is dismissed as
withdrawn.
3. In view of dismissal of the appeal, IA No.1/2021 is
disposed of as infructuous.
Sd/-
(V KAMESWAR RAO) JUDGE
Sd/-
(S RACHAIAH) JUDGE PA
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