JUDGMENT

1. This Court had disposed of this Miscellaneous Second Appeal as per Judgment dated 30.08.2024, which is reported in Nidhish.P.V V.Sivaprakash 2024 (6) KHC 16. Thereafter, the respondent filed this Review Petition No.1023/2024 to review the judgment dated 30.08.2024. This Court allowed the said Review Petition No.1023/2024 as per judgment dated 03.10.2024, recalling the judgment dated 30.08.2024, finding that this Court committed an error in allowing the appeal in part after framing the Substantial Questions of law at the admission stage itself.

2.Thereafter the Miscellaneous Second Appeal was admitted on the very same substantial questions of law which were considered in the judgment dated 30.08.2024. The Counsel on either side made additional submissions on 15.10.2024. Hence this revised judgment is passed incorporating consideration of the additional contentions made by the respondent.

3.The appellants are the legal heirs of the respondent in Complaint No.17/2020 of the Kerala Real Estate Regulatory Authority (‘the K-RERA’ for short).

4.The complainant is the Apartment Owners Association of the project of the respondent by name ‘Orchid Garden-PVS Park’ located at Govindapu