In a significant development, the Maharashtra Real Estate Appellate Tribunal in Mumbai has resolved a long-standing real estate dispute through an amicable settlement, leading to the withdrawal of appeals. This resolution comes as a relief to all parties involved and marks an important milestone in the case. This article delves into the details of the case, the settlement reached, and the implications of this outcome.
Background of the Case
(Case Number: Appeal No. AT006000000010437)
The real estate dispute in question revolves around a property transaction between Mr. Saurabh Kesarwani and Anr. (appellants) and Sheth Infraworld Pvt. Ltd (respondent). The matter was brought before the Maharashtra Real Estate Appellate Tribunal in Mumbai under Appeal No. AT006000000010437.
Amicable Settlement Reached
After prolonged legal proceedings and negotiations, the appellants and the respondent reached a mutually agreeable settlement. Both parties filed a joint purshis, affirming that the matters at hand had been amicably settled. The purshis stated that the respondent received the balance consideration from the appellants, and in turn, the respondent handed over possession of the subject flat to the appellants. This settlement signifies the fulfillment of the obligations outlined in the original agreement for sale dated 1.12.2076.
Withdrawal of Appeals
During the course of the proceedings, on 19th April 2023, the appellants were present in another appeal related to the same parties under Appeal No. AT006000000052594. During this hearing, the appellants expressed their intention to unconditionally withdraw the appeal at a later date. Subsequently, the appellants and the respondent filed a joint purshis, signifying the withdrawal of both appeals. As a result, the presence of the appellants for withdrawing the appeals was dispensed with.
Tribunal's Decision and Conclusion
In light of the joint purshis and the withdrawal of appeals, the Maharashtra Real Estate Appellate Tribunal deemed it appropriate to dismiss both appeals as withdrawn. The tribunal found no impediment in granting the prayer made in the joint purshis. Consequently, the appeals were dismissed, and no costs were awarded. Any pending miscellaneous applications were also disposed of in the process.
The resolution of the real estate dispute through an amicable settlement and the subsequent withdrawal of appeals before the Maharashtra Real Estate Appellate Tribunal is a significant development. The parties involved have successfully fulfilled their respective obligations as outlined in the agreement for sale. This outcome not only brings closure to the protracted legal battle but also sets a positive precedent for resolving real estate disputes through mutually agreeable settlements. The Maharashtra Real Estate Appellate Tribunal's decision to dismiss the appeals as withdrawn further solidifies the resolution and underscores the importance of amicable solutions in the real estate sector.
Note: The information provided in this article about Maharashtra Real Estate Regulatory Authority (MahaRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the case number AT006000000052594 before the Maharashtra Real Estate Regulatory Authority
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