Mantri Developer Pvt. Ltd. v. Snil Pathiyam Veetil
Forum: Karnataka High Court
Facts:
The respondent obtained orders from KRERA and subsequently attempted to enforce those orders through execution petitions before a civil court under the CPC. The promoter challenged the civil court's jurisdiction.
Issue:
Whether a RERA order constitutes a CPC “decree” capable of execution by a civil court under the ordinary CPC execution mechanism.
Held:
The Karnataka High Court held that RERA proceedings are not civil suits initiated by plaint and RERA orders do not constitute “decrees” under Section 2(2) CPC. Accordingly, civil courts could not entertain ordinary execution petitions for enforcement of those orders.
Ratio:
RERA has its own statutory enforcement and recovery mechanism. A RERA order cannot simply be converted into a CPC decree and executed through an ordinary civil-court execution petition.
Practical Impact:
The correct statutory execution/recovery route must be identified before filing enforcement proceedings. Practitioners should avoid automatically invoking Order XXI CPC merely because the underlying RERA order directs payment or other relief.
Relevant RERA Sections:
Section 40 — recovery of interest, penalty and compensation; Section 31 — complaints; Section 79 — jurisdictional framework.
