RERA appeal against a K-REAT judgment; appellant's counsel filed a memo for withdrawal as the first respondent had assigned her rights under the sale agreement to a third party. The court dismissed the appeal as withdrawn.
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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:
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
REPRESENTED BY ITS SECRETARY.
…RESPONDENTS
(BY SRI. M.D.RAJ KUMAR (VK NOT FILED), ADVOCATE)
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 Hence, it is most respectfully prayed that this Hon’ble Court may be pleased to dismiss the appeal as withdrawn, in view of the assignment, in the interest of justice and equity.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 RERA.A No. 8 of 2022
representation for the respondents, we dismiss the appeal as withdrawn.
Sd/JUDGE
Sd/JUDGE
SNC,NR List No.: 1 Sl No.: 16
1 provisions across 1 enactments
SHRIVISION TOWERS PRIVATE LIMITED
MS RASHMI J
THE KARNATAKA REAL ESTATE REGULATORY AUTHOITY
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
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