NCDRC

NCDRC

RP/2383/2011

UNIVERSITY OF AGRICULTURAL SCIENCES EMPLOYEES' HOUSE BUILDING CO-OPERTIVE SOCIETY LTD. - Complainant(s)

Versus

DR. A.S. PARASHIVA MURTHY - Opp.Party(s)

MR. SHARAN DEV SINGH THAKUR

03 Apr 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2383 OF 2011
 
(Against the Order dated 18/04/2011 in Appeal No. 2163/2010 of the State Commission Karnataka)
1. UNIVERSITY OF AGRICULTURAL SCIENCES EMPLOYEES' HOUSE BUILDING CO-OPERTIVE SOCIETY LTD.
Employees House Building, Cooperative Society Limited, UAS Campus,Hebbal,
Bangalore - 560 024
Karnataka
...........Petitioner(s)
Versus 
1. DR. A.S. PARASHIVA MURTHY
S/o Late A.B Subbanna, R/o No. 625, 'Lalithadri;, new Kantharaj Urs Road, Kuvempunagar
Mysore - 570023
karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :
Mr K Singhal, Advocate with
Mr S D Thakur, Advocate
For the Respondent :
Mr Rajesh Inamdar, Advocate

Dated : 03 Apr 2014
ORDER

MA no. 981 of 2011 Heard. This is an application filed by applicant/ respondent for modification of order dated 27.09.2011 passed by this Commission. Order dated 27.09.2011, of which modification is sought reads as under: e have heard Mr K Singhal, learned counsel for the petitioner and Mr Devadatt Kamat, learned counsel for the caveator respondent and have considered their respective submissions. It appears that there is no serious challenge to the orders passed by the Fora below but due to the practical difficulty faced by the petitioner society, it is not in a position to comply with the directions given by the Fora below in their letter and spirit, more particularly, for allotting the same number of plot of the site measuring 30 x 40 ft. We are informed that before the executing court, the petitioner has given an assurance to the complainant that they will allot a plot of 30 x 40 ft in Jakkur, Shivanahally, village III B, Phase 6 Acres 14 Guntas of land, in lieu of original allotted site out of the additional land made available to the petitioner. As soon as the requisite formalities are completed, the possession of the same would be handed over to the respondent. The revision petition is disposed of in the above terms. The executing court shall keep in mind the above factors while enforcing the orders passed by Fora below As apparent from the record, order dated 27.09.2011 was passed by this Commission in the presence of both the counsels. At that time no objection was raised by any of the parties. Be that as it may, this Commission has observed that he executing court shall keep in mind the above factors while enforcing the orders passed by Fora below Under these circumstances, there is no error apparent on record which calls for modification of order passed by this Commission on 27.09.2011. Accordingly, the miscellaneous application no. 981 of 2011 for modification is dismissed.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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