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2025 Supreme(Online)(Bom) 6175

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
N.J. JAMADAR, J
Sana Hospitality Services Pvt. Ltd. – Appellant
Versus
Madan Kishan Gurow – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Memon
For the Respondents: Mr. Phal

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. Jurisdiction of Civil Courts: The court emphasized that civil courts retain jurisdiction over disputes involving title between allottees, as the authorities under RERA lack the authority to resolve such issues (!) .

  2. Scope of RERA Authority: RERA authorities are empowered to determine matters related to the regulation of real estate transactions, including issues of possession and contractual obligations, but they are not competent to adjudicate disputes that primarily concern the validity of title or ownership rights between allottees (!) .

  3. Remedies under RERA: The remedies provided by RERA, such as orders for possession and interest, are without prejudice to other legal remedies available under general law. Section 18 of RERA allows for concurrent remedies, indicating that a party can pursue relief under RERA and other legal avenues simultaneously or sequentially (!) (!) .

  4. Bar of Civil Court Jurisdiction: Section 79 of RERA explicitly bars civil courts from entertaining suits or proceedings that the RERA authorities are empowered to determine. However, this bar applies only to matters within the scope of RERA’s jurisdiction. Disputes that involve questions of title, ownership, or contractual validity that are not within RERA’s jurisdiction are not barred from being litigated in civil courts (!) (!) .

  5. Nature of Dispute in the Case: The core dispute involves the validity of a sale agreement and the rights of different allottees regarding the same property. Such disputes are inherently civil in nature and require investigation into facts and legal rights that are outside the scope of RERA’s adjudicatory powers (!) .

  6. Role of RERA Orders in Enforcement: While orders passed by RERA or its appellate tribunal can be executed as decrees with the powers of a civil court, this does not transform RERA into a civil court nor does it authorize RERA authorities to decide on matters of title or ownership rights that are not within their jurisdiction (!) (!) .

  7. Effect of Orders Passed by RERA Authorities: Orders by RERA authorities are final within their scope but do not preclude civil courts from adjudicating disputes concerning ownership rights or contractual validity, especially when such issues are not expressly within RERA’s jurisdiction (!) .

  8. Conclusion on Jurisdiction: The court reaffirmed that disputes of a civil nature, such as title and ownership rights, are within the exclusive jurisdiction of civil courts and are not barred by the provisions of RERA, which primarily deals with regulatory and enforcement issues related to real estate projects (!) .

These points collectively clarify the legal principles governing the jurisdictional boundaries between RERA authorities and civil courts, emphasizing that civil courts retain authority over disputes concerning ownership, title, and contractual validity that are beyond the scope of RERA’s powers.


Table of Content
1. revision application context. (Para 1 , 2)
2. bar under rera jurisdiction. (Para 5 , 6 , 10)
3. arguments (Para 7)
4. arguments regarding authority limits. (Para 8 , 11)
5. understanding of the rera mechanisms. (Para 20 , 21 , 22)
6. analysis (Para 24)
7. validation (Para 27)
8. final ruling regarding plaint rejection. (Para 30 , 32)

JUDGMENT :

1. This revision application is directed against an order dated 22nd March, 2023, passed by the learned Civil Judge, Belapur, whereby an application filed by the applicant – defendant No.2 for rejection of the plaint under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (“the Code”), came to be rejected.

2. Shorn of necessary details, the background facts can be stated as under:

2.1 For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity which they are arrayed before the Civil Court.

2.2 Defendant No.2 is a company registered under the Companies Act, 2013. Mrs. Sushila Malge is the Proprietress of M/s. Mount Mary Builders - defendant No.1. A real estate project, “Green World” was developed by defendant No.1 (“the promoter”). Under a Sale Deed dated 23rd March, 2016, def

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