The appellate court granted leave to the appellant to withdraw the RERA appeal filed under Section 58 of RERA 2016, as the parties had amicably settled the matter.
Leave granted to withdraw the appeal.
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NC: 2024:KHC:6021-DB RERA.A No. 6 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
RERA APPEAL NO. 6 OF 2020
BETWEEN:
SRI. RAZIN K.I.M, S/O SRI. PERODY IBRAHIM, AGED ABOUT 30 YEARS, RESIDING AT RAUNAQ VILLA, OPPOSITE TO NGO UNION OFFICE, ITI ROAD, VIDYANAGAR, KASARGOD-671 123. KERALA PRESENTED BY HIS GPA HOLDER SRI. PERODY IBRAHIM @ IBRAHIM P.
…APPELLANT
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
(BY SRI. RANJAN KUMAR K., ADVOCATE)
AND:
NO.21, WOOD STREET, BANGALORE-560 025, REPRESENTED BY ITS DIRECTOR MR.ABUBACKER SIDDIQUE BEARY, SON OF LATE HAJI K MOHIDIN BEARY, AGED ABOUT 47 YEARS, RESIDING AT SP-1, 10TH FLOOR, SERENE BLOCK, HARMONY HOMES, NUMBER 4/2, HENNUR MAIN ROAD, 3RD BLOCK, HRBR LAYOUT, KACHARAKANAHALLI, BANGALORE-560 043.
…RESPONDENTS
(BY SRI.RAJASHEKAR K., ADVOCATE FOR R1; SRI.P B APPAIAH., ADVOCATE FOR R2)
THIS RERA APPEAL IS FILED UNDER SECTION 58 OF THE REAL ESTATE REGULATION AND DEVELOPMENT ACT, 2016 PRAYING TO A) CALL FOR THE RECORDS IN COMPLAINT NO.CMP/180619/0000929 ON THE FILE OF THE AJUDICATING OFFICER, REAL ESTATE REGULATORY AUTHORITY, KARNATAKA AND APPEAL NO.69/2018 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU AND ETC.,
THIS RERA APPEAL COMING ON FOR FINAL HEARING, THIS DAY, KRISHNA S. DIXIT. J., DELIVERED THE FOLLOWING:
JUDGEMENT
The appellant has filed Memo dated 3.2.2024 seeking leave of this court to withdraw the appeal in question. Counsel for the respondents and their client who is present before the court signify their consent for the grant of leave. The said Memo reads as under:
“The parties to the above case have settled the above case amicably and therefore the Appellant herein seeks permission of this Hon’ble Court to withdraw the above appeal. In view of the same, this Hon’ble Court may be please to permit the Appellant to withdraw the appeal in the interest of justice and equity.”
Both the sides further submit that in the companion appeal i.e., RERA.A.No.3/2019, compromise petition is pressed into service and therefore, this appeal may not be prosecuted.
In view of the above, the appeal is accordingly disposed off as having been withdrawn.
Costs made easy.
Sd/JUDGE
Sd/JUDGE
cbc
1 provisions across 1 enactments
Razin K.I.M
The Secretary, Real Estate Regulatory Authority
Bearys Properties and Development Private Limited
Krishna S Dixit
G Basavaraja
As recorded by the court registry
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