Overview
- On Dec. 1, the Karnataka High Court held that RERA orders are not civil decrees and cannot be executed through civil execution proceedings under the CPC.
- In Mantri Developers Pvt. Ltd. v. Snil Pathiyam Veetil & Ors., the court quashed Bengaluru execution petitions by homebuyers and directed enforcement via RERA’s statutory recovery route through revenue authorities.
- Justice M Nagaprasanna described RERA as a self‑contained code whose orders do not meet Section 2(2) CPC’s definition of a decree, relying on precedent including the Allahabad High Court’s Supertech ruling.
- On Dec. 2, the Bombay High Court ruled RERA authorities cannot adjudicate title disputes or grant declaratory and injunctive reliefs, affirming such remedies fall within civil court jurisdiction.
- In the Belapur Flat No. 1703 dispute, Justice N J Jamadar noted the Appellate Tribunal’s power to execute its orders does not make it a civil court, citing the presumption favoring civil court jurisdiction and the Supreme Court’s Ramalinga Samigal Madam precedent.