MANTRI DEVELOPER PVT. LTD. vs MR. SNIL PATHIYAM VEETIL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR. M. NAGAPRASANNA, J
MANTRI DEVELOPER PVT. LTD. – Appellant
Versus
MR. SNIL PATHIYAM VEETIL – Respondent

Advocates:
For the Appellants/Petitioners: DR. VANDANA P. L.
For the Respondents: SRI SRINIVAS V.

Table of Content
1. petitioner is judgment debtor in execution petitions. (Para 2)
2. dispute over jurisdiction of civil court to execute rera orders. (Para 4 , 5)
3. court analyzes issues of jurisdiction and interpretation. (Para 6 , 7)
4. analysis of statutory provisions concerning execution. (Para 8 , 10 , 11)
5. final conclusion on non-applicability of civil court execution. (Para 12)
6. court orders quashing of previous order and maintains remedies. (Para 13)

CAV ORDER

2. Facts adumbrated are as follows:

3. Heard the learned senior counsel Sri M.S.Shyamsundar appearing for petitioner and Sri Srinivas V, learned counsel appearing for respondents in all these petitions.

5. Per-contra, the learned counsel representing the respondents, in all these cases, would vehemently refute the submissions of the learned senior counsel for the petitioner in contending that the execution petition is undoubtedly maintainable, as an order passed by RERA is a decree and a decree can be executed by the competent civil Court of the jurisdiction. He would seek to place reliance upon certain judgments of the coordinate bench of this Court to buttress his submission that the execution petition is maintainable.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURUMR. M. NAGAPRASANNA, JMANTRI DEVELOPER PVT. LTD. – AppellantVersusMR. SNIL PATHIYAM VEETIL – Respondent

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR. M. NAGAPRASANNA, J
MANTRI DEVELOPER PVT. LTD. – Appellant
Versus
MR. SNIL PATHIYAM VEETIL – Respondent