Case law, Tamil Nadu land law
Common Order, Appeal Nos. 64 to 66 of 2022
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands) issued the Common Order in Appeal Nos. 64 to 66 of 2022 on 3 February 2023. It permitted the three appellants to withdraw their appeals against a common order of the Adjudicating Officer attached to the Tamil Nadu Real Estate Regulatory Authority, dismissed the appeals as withdrawn at the admission stage, and closed any connected miscellaneous applications.
What the common order does
The Common Order in Appeal Nos. 64 to 66 of 2022 records the withdrawal of three real estate appeals. The Tamil Nadu Real Estate Appellate Tribunal heard counsel for the appellants on whether the appeals should be admitted, recorded separate withdrawal memos dated 1 February 2023, and permitted each appellant to withdraw.
As a result:
- Appeal Nos. 64, 65 and 66 of 2022 were dismissed as withdrawn.
- The dismissal occurred at the admission stage.
- Any connected miscellaneous applications that were pending were closed.
- The Tribunal did not record findings on the underlying dispute in this common order.
Appeals and parties covered
The Common Order in Appeal Nos. 64 to 66 of 2022 applies to appeals filed by T.R.N. Murthy, T.R.M. Eashwar and T.R. Sundar. The respondents in all three appeals were M/s. Ananya Krishna Constructions Private Limited, represented by its Managing Director Y. Gangadhar, and Y. Gangadhar.
The appeals challenged the common order passed by the Adjudicating Officer attached to the Tamil Nadu Real Estate Regulatory Authority in C.C.P. Nos. 177 to 179 of 2021, dated 21 September 2022. The appeals were taken on file on 19 December 2022.
Why the appeals ended
The Common Order in Appeal Nos. 64 to 66 of 2022 states that counsel for the appellants filed separate memos in all three appeals seeking permission to withdraw them. The Tamil Nadu Real Estate Appellate Tribunal recorded those memos and granted permission.
The source does not provide the reasons for withdrawal. It also does not set out the facts of the property dispute, the relief originally sought, or the terms of the Adjudicating Officer's common order.
Who may be affected
The Common Order in Appeal Nos. 64 to 66 of 2022 directly concerns the named appellants and respondents. Property buyers, owners and professionals reviewing these proceedings should note that the appellate case ended through voluntary withdrawal at admission, rather than through a decision on the merits of the appeals.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Did the Tamil Nadu Real Estate Appellate Tribunal decide the merits of these appeals?
No findings on the merits are recorded. The appeals were dismissed as withdrawn at the admission stage after the appellants sought permission to withdraw them.
Which earlier decision had been challenged?
The appeals challenged the common order of the Adjudicating Officer attached to the Tamil Nadu Real Estate Regulatory Authority in C.C.P. Nos. 177 to 179 of 2021, dated 21 September 2022.
Why were Appeal Nos. 64 to 66 of 2022 withdrawn?
The source states that separate withdrawal memos dated 1 February 2023 were filed, but it does not give the reasons for withdrawal.
What happened to applications connected with the three appeals?
The Tamil Nadu Real Estate Appellate Tribunal closed any connected miscellaneous applications that were pending.
