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2025 Supreme(Online)(KER) 3780

HIGH COURT OF KERALA
C.S. DIAS, J
DR. PURUSHOTHAMA BHARATHI – Appellant
Versus
KERALA REAL ESTATE REGULATORY AUTHORITY – Respondent


Advocates:
Laya Mary Joseph, SHYAM PADMAN (SR.)(K/939/1990), C.M.ANDREWS(K/000070/1989), ASHWATHI SHYAM(K/1451/2020), SWATHY SUDHIR(K/2677/2022), RAM MOHAN(K/2812/2023)

JUDGMENT

The writ petition is filed, inter alia, to direct the Kerala Real Estate Regulatory Authority (the 1st respondent; ‘Authority’, in short) to execute the sale deed in favour of the petitioner.

2. The respondents 3 to 5 are the Executive Directors of the 2nd respondent company, the promotor of a project named ‘Cordial Bharati’. The petitioner had filed Complaint No.235 of 2022 before the Authority against respondents 2 to 5, which was allowed by Ext.P4 order directing the respondents 2 to 5 to transfer the ownership of the buildings as detailed in the allotment letter. Aggrieved by Ext.P4 order, respondents 2 to 5 filed REFA No.1/2023 before the Kerala Real Estate Appellate Tribunal, but the appeal was dismissed. The respondents 2 to 5 challenged the appellate order before this Court in MSA No.32/2023. By Ext.P10 judgment, this Court dismissed the second appeal. Although a review petition was filed against Ext.P10 judgment, the same was also dismissed by Ext.P11 order. Despite the above rounds of litigation, respondents 2 to 5 have failed to register the sale deed in favour of the petitioner as per Ext.P7 joint venture agreement. Instead of complying with Ext.P5 order, the res

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