Ullas. M.B vs Prestige Estates Projects Ltd
2023 Latest Caselaw 4529 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                     THE HONOURABLE MRS. JUSTICE M.R.ANITHA

          WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945

                               MSA NO. 9 OF 2022

   AGAINST THE ORDER/JUDGMENT IN RFA 40/2022 OF KERALA REAL ESTATE APPELLATE

                          TRIBUNAL (K-REAT), ERNAKULAM

AGAINST THE ORDER DATED 8.4.2022 IN COMPLAINT NO.313/2021 OF KERALA REAL ESTATE

                    REGULATORY AUTHORITY, THIRUVANANTHAPURAM



APPELLANT/1ST RESPONDENT/COMPLAINANT:



             ULLAS. M.B,
             AGED 39 YEARS
             S/O LATE BALAKRISHNAN, 12 A3, KENT GLASS HOUSE, KANYAMBUZHA ROAD,
             VYTILLA, ERNAKULAM - 682019.
             BY ADVS.
             K.S.BHARATHAN
             PARVATHY KOTTOL
             ALPHIN ANTONY
             AADITHYAN S.MANNALI
             VISAKH ANTONY
             RANCE R.



RESPONDENTS/APPELLANT/RESPONDENT 2 TO 4/RESPONDENTS:

     1       PRESTIGE ESTATES PROJECTS LTD,
             A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956
             HAVING ITS REGISTERED OFFICE AT FALCON HOUSE NO.1
             MAIN GUARD CROSS ROAD, BANGALORE 560 001
             & HAVING BRANCH OFFICE AT 801, 8TH FLOOR, PRESTIGE, TMS SQUARE,
             NH-66 BYPASS, PADIVATTOM, EDAPPALLY, PIN - 682024

     2       VARGHESE P. ITTOOP
             AGED 66 YEARS
             S/O. LATE MATHAI ITTOP,
             RESIDING AT DOOR NO. 9/645 OF THIRKKAKARA MUNCIPALITY
             PALAL KALAPPURAYIL, KUSUMAGIRI, KAKKANAD, KAKKANAD VILLAGE,
             KANAYANNUR TALUK, ERNAKULAM DISTRICT, KUSUMAGIRI P O, PIN - 682030
 MSA NO. 9 OF 2022                      2

      3       GEE VARGHESE VARGHESE
              AGED 31 YEARS
              S/O. MR. VARGHESE P ITTOOP,
              RESIDING AT DOOR NO. 9/645
              OF THRIKKAKARA MUNICIPALITY, PALAL KALAPPURAYIL, KUSUMAGIRI,
              KAKKANAD,
              KAKKANAD VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
              KUSUMAGIRI P O, PIN - 682030

      4       KERALA REAL ESTATE REGULATORY AUTHORITY
              5TH FLOOR, SWARAJ BHAVAN, KAWDIAR. PO, THIRUVANANTHAPURAM,
              PIN - 695003
              BY ADVS.
              ABRAHAM JOSEPH MARKOS
              I.DINESH MENON .
              V.ABRAHAM MARKOS(K/354/1975)
              ALEXANDER JOSEPH MARKOS(K/001270/2018)
              ISAAC THOMAS(K/571/2014)
              SHARAD JOSEPH KODANTHARA(K/001677/2018)
              JOHN VITHAYATHIL(K/001877/2021)
              AIBEL MATHEW SIBY(K/1376/2020)
              JOSEPH MARKOSE (SR.)(J-383)
              L.RAJESH NARAYAN(K/372/2003)



      THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD ON 12.04.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MSA NO. 9 OF 2022                    3




                               JUDGMENT

This appeal has been filed against the order in

R.F.A.No.40/2022 on the file of Kerala Real Estate Appellate

Tribunal, Ernakulam.

2. Withdrawal memo has been filed by the appellant/1 st

respondent/complainant to withdraw the appeal since the parties

have amicably settled the entire issues.

3. Learned counsel for the respondents also present.

4. Memo recorded. Appeal dismissed as withdrawn.

Sd/-

                                                           M.R.ANITHA
Shg                                                        JUDGE


                                  APPENDIX

APPELLANT'S EXHIBITS:

ANNEXURE A1 : COPY OF APPEAL DATED 28.10.2022 IN APPEAL NO.40/2022 IN KERALA

REAL ESTATE APPELLATE TRIBUNAL, ERNAKULAM

ANNEXURE A2 :COPY OF REPLY AFFIDAVIT FILED IN COMPLAINT NO.313/2021 BEFORE

KERALA REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM DATED 18.5.2022