IN THE HIGH COURT OF KERALA
Judge, J
Nidhish P. V. v. Sivaprakash
| Table of Content |
|---|
| 1. filing a miscellaneous second appeal under the real estate act and cpc. (Para 1 , 2) |
| 2. tribunal's power to regulate procedures and appoint commission for evidence. (Para 5 , 12 , 14) |
| 3. challenge to appointment of commission based on cpc procedural grounds. (Para 6 , 8) |
| 4. requirement for a substantial question of law for appeal maintenance. (Para 15 , 16 , 19) |
| 5. final dismissal of appeal without substantial questions. (Para 20) |
1. This Miscellaneous Second Appeal has been filed under S.58 of the Real Estate (Regulation and Development) Act, 2016 (for short, 'the Act, 2016' hereinafter) r/w S.100 of the Code of Civil Procedure (for short 'the CPC.' hereinafter). The appellant is the respondent in Complaint No.17/2020 before the Authority and in REFA No.28/2023 before the Appellate Tribunal.
2. This appeal has been filed, challenging order in I.A.No.158/2023 in REFA No.28/2023, dated 3.10.2023, passed by the Kerala Real Estate Appellate Tribunal, Ernakulam.
3. Heard the learned counsel for the appellant on admission.
4. I have perused the relevant documents placed by the learned counsel for the appellant and the statutory provisions.
5. In this matter, the appellant in R
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