JUDGMENT This original petition is filed by the petitioner/appellant by challenging the order passed by the Kerala Real Estate Appellate Authority in REFA No 20/2025, directing the petitioner to comply with the mandatory provisions of Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016 (the RERA Act for short)

directing him to deposit the same.

2.The learned counsel for the respondent did not object.

3.The petitioner came before this Court challenging the same on the ground that the petitioner has filed an appeal in his individual capacity and not as a promoter, therefore, Section 43 (5)

of the RERA Act is not applicable to him.

4.On perusal of the impugned order, Kerala Real Estate Appellate Authority has not yet passed any order on the ground urged by the petitioner. Therefore, the petitioner is required to urge the said ground before the appellate authority, and the appellate authority has to decide the issue, whether the petitioner is a promoter or not, for the purpose of compliance with the mandator