The procedure should facilitate justice, not obstruct it; substantial compliance with RERA requirements permits the execution of possession orders despite technical deficiencies.

JUDGMENT:

GAURI GODSE, J.

Events during pendency of this petition:

1. This petition is filed by the original complainants, who are the purchasers of the subject units. They challenge the order passed by the civil court, dismissing their application for execution of the order passed by the Authority under the Real Estate (Regulation and Development) Act, 2016 (‘RERA Authority’), which directed respondent no. 1 (‘developer’) to hand over possession of the three units. By the impugned order, the execution application is dismissed as not maintainable.

2. The developer has filed Writ Petition No. 1794 of 2024 to challenge the recovery warrant issued by the RERA Authority. As per the roster, Writ Petition No. 1794 of 2024 pertains to the assignment of the coordinate bench.

3. On 16^th June 2025, after hearing both sides, this petition was directed to be listed for final disposal at the admission stage on 8^th July 2025. On 8^th July 2025, the petition was partly heard and was directed to be listed today at 3:00 pm as part heard.

4. Today, when this petition was called out, learned counsel for the developer tendered a copy of the order dated 9^th July 2025 passed by the coordinate bench in Writ Petition No. 1794 of 2024. Learned counsel for the developer submits that after giving advance notice to the advocate for the petitioners in the present petition (complainants), Writ Petition No. 1794 of 2024 was mentioned before the coordinate bench on 9^th July 2025 at 11:00 am for urgent relief. Learned counsel for the complainants makes a grievance that, as per the intimation received through email, he was present at 11:00 am in the court; however, Writ Petition No. 1794 of 2024 was not mentioned in his presence. I do not find it necessary to get into this controversy, in as much as the learned counsel for the developer fairly submits that he did not state in the mentioning praecipe (urgent circulation note) moved before the coordinate bench that the execution application before the civil court is dismissed as not maintainable and it is challenged in this petition, and that the present petition is substantially heard by this court on 8^th July 2025 and is directed to be listed today as part heard.

5. Learned counsel for the developer submits that in Writ Petition No. 1794 of 2024, the coordinate bench has granted interim protection. I have perused the order. The order dated 9^th July 2025 reads as under:

“1. Mentioned. Not on Board. Taken on Board.

2. Perused the praecipe dated 09.07.2025 and the copy of Writ Petition.

3. Heard Mr. Patil, learned Advocate for Petitioner.

4. Mr. Patil, learned Advocate informs the Court that at the instance of the purchaser, Real Estate Regulatory Authority (for short ‘RERA’) has passed an order dated 16.08.2019 stipulating three conditions out of which one condition is obligation required to be completed by purchaser himself regarding payment of the balance outstanding amount to the Developer.

5. He would submit that without paying the said amount the purchaser has approached Executing Court and has got issued a possession warrant which is subject matter of challenge in the present Writ Petition filed in the year 2022.

6. He would submit that since purchaser is pursuing the Executing Court today, Petitioner-Developer is aggrieved and in view of the fact that Petitioner has already met his twin obligations under the RERA order he would submit that present Petition can be indeed worked out.

7. Hence he would persuade the Court to list the petition at the earliest. Copy of this order shall be served on the Respondents – Purchasers. Advocate for Purchasers is direct