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2021 Supreme(MP) 695

RAJENDRA KUMAR SRIVASTAVA
Khilla Colonizers Pvt. Ltd. – Appellant
Versus
Subhash Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Siddharth Gulatee

ORDER :

Heard on the question of maintainability.

2. On perusal of Office Note dated 10.05.2021, it appears that the Registry of this High Court raised the objection of maintainability as Second Appeal under Section 100 of C.P.C. would be maintainable against the impugned order. As per office, instead of filing Second Appeal, the appellant has preferred this Misc. Appeal, challenging the order dated 17.03.2021, passed by Madhya Pradesh Real Estate Appellate Tribunal, Bhopal in Appeal No.A-144/2019.

3. The brief facts of the case are that the appellant works as Developer & Architect whereas the respondent is a purchaser of two plots in a residential colony situated at village Barkheda Salam, District-Bhopal. The respondent has filed a complaint before RERA against the appellant regarding some development issues in the site. The adjudicating Officer of RERA has disposed of the case vide order dated 03.07.2019, directing the appellant to pay compensation to the respondent and also imposed some conditions upon the appellant. Being aggrieved by the said order, the respondent No.1 approached the Appellate Tribunal of RERA by filing Appeal No.A-144/2019. By the impugned order, the Tribunal s

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