Legal provisions involved: Section 2(2) CPC, Section 79 and Section 40(1) RERA Act
Judgment by: The Karnataka High Court
Judge: Justice M. Nagaprasanna
Facts
Homebuyers received favourable orders from RERA against Mantri Developers. To get those orders implemented, they went to civil courts. The developer objected, saying civil courts cannot enforce RERA orders because they are not “decrees” under the Civil Procedure Code. The civil court did not agree, so the developer appealed to the Karnataka High Court.
Key legal provisions
Issues raised
Whether RERA orders should be treated like court decrees, and if civil courts have the power to enforce those orders through execution petitions?
Arguments of the case
The builder argued that RERA orders are not civil court decrees, so civil courts cannot enforce them and they must be executed through revenue authorities. The homebuyers, however, claimed that RERA orders should be treated like decrees and can be enforced by civil courts through execution petitions.
Judgement
The Karnataka High Court said that RERA orders are not the same as civil court decrees because they come from complaints, not regular lawsuits. So, civil courts cannot enforce these orders through execution petitions. Instead, the orders must be enforced through the process given in the RERA Act, like recovery as land revenue by revenue authorities. The High Court cancelled the civil court’s decision and agreed with the builder’s objection on jurisdiction.
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