SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(Ker) 74170

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























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top