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2025 Supreme(Online)(Ker) 57499

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
MR. JAVAD KUTTIKARAN HASSAN – Appellant
Versus
AJISH ASLAM KOTTATHARA NALAKATH – Respondent


This petition has been filed by the petitioner challenging the order passed by the Kerala Real Estate Appellate Tribunal, Ernakulam (hereinafter referred to as the RERA Appellate Tribunal) in R.E.F.A. No. 20/2025 dated 25.11.2025, directing the petitioners to deposit 30% of the decree amount in compliance with Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the RERA Act).

2. Heard the arguments of the learned counsel for the petitioners.

3. The RERA Appellate Tribunal directed the petitioner to comply with the provisions of Section 43 (5) of the RERA Act without issuing notice to the respondent. Hence, issuing notice to the respondent is dispensed with.

4. The case of the petitioner is that the respondent filed a complaint before the Kerala Real Estate Regulatory Authority, Thiruvananthapuram, in Complaint No. 278/2022, which was allowed, directing respondent No. 1 and respondent No. 2 (the company, its Managing Director and Director), and respondents 5 to 8 to pay an amount of ₹15,00,000 with 17.15% interest. The petitioners herein being respondents 5 to 8 in the said complaint, filed an appeal before the RERA Appellate Tribuna

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