Abc Infrapromoters Pvt. Ltd. Thru. Authorized Representative Rajesh Joshi vs Preeti Saxena and Another — Allahabad HC (2026) — LawSathi Research

Abc Infrapromoters Pvt. Ltd. Thru. Authorized Representative Rajesh Joshi vs Preeti Saxena and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted; notice to the other respondents returnable at an early date with steps for service within seven working days; further proceedings before the U.P. Real Estate Appellate Tribunal made subject to the final outcome of the present appeal; appeal connected with RERA Appeal No.165 of 2025 and listed on 21.01.2026. The substantial question of law was framed but not decided.

Issue for consideration

Whether the learned Real Estate Appellate Tribunal erred in law in holding that the U.P. Real Estate Regulatory Authority did not travel beyond the pleadings or reliefs claimed by the complainant, despite the direction to register the appellant never having been prayed for or founded on any pleading of the complaint, especially when there was no denial that privity of contract existed only between the complainant and respondent no. 3 and not between the complainant and the appellant.

Ratio / Principle

The appeal is admitted.

Key takeaways

Notice is issued to the other respondents, returnable at an early date, with steps for service of notice to be taken within seven working days.ratio¶¶13
Further proceedings before the Tribunal shall remain subject to the final outcome of the present appeal (interim protective direction pending disposal of this appeal).ratio¶¶19
The appeal is to be connected with RERA Appeal No.165 of 2025 and listed on 21.01.2026.ratio

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Syed Qamar Hasan Rizvi, J.), RERA Appeal No. 12 of 2026 — admission-stage order. ABC Infrapromoters Pvt. Ltd. (through authorised representative Rajesh Joshi) assails the order dated 17.10.2025 of the U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No. D 166 of 2025 (ABC Infrapromoters Private Limited Versus Preeti Saxena). The Court carved out a substantial question of law: whether the Tribunal erred in holding that the U.P. Real Estate Regulatory Authority did not travel beyond the pleadings or reliefs claimed by the complainant, despite the direction to register the appellant never being prayed for or founded on any pleading, and given the absence of any denial that privity of contract existed only between the complainant and respondent no. 3 and not between the complainant and the appellant. The appeal was admitted; notice was ordered to the other respondents (service steps within seven working days); further proceedings before the Tribunal were made subject to the final outcome of this appeal; and the appeal was connected with RERA Appeal No.165 of 2025 and listed for 21.01.2026. The substantial question of law itself was not decided.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

RERA APPEAL No. - 12 of 2026

Abc Infrapromoters Pvt. Ltd. Thru. Authorized Representative Rajesh Joshi

.....Appellant(s)

	Versus
Preeti Saxena And Another		.....Respondent(s)
Counsel for Appellant(s) Counsel for Respondent(s)	: Aprajita Bansal, Surabhi Rawat, Zub : Saurabh Misra	Anilesh Tewari, eida Shahanshah

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Ms. Aprajita Bansal, learned counsel for the appellant and Ms. Neha Tewari, Advocate, holding brief of Sri Saurabh Mishra, learned counsel for the respondent- M/s Paarth Infrabuild Pvt. Ltd.

By means of the present appeal, the appellant has assailed the order dated 17.10.2025 passed by U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No. D 166 of 2025 (ABC Infrapromoters Private Limited Versus Preeti Saxena).

The following substantial question of law is carved out for determination in this appeal:

"Whether the learned Real Estate Appellate Tribunal has erred in law in holding that the U.P. Real Estate Regulatory Authority did not travel beyond the pleadings or reliefs claimed by the complainant despite the fact that the direction to register the Appellant was never prayed for or founded on any pleading of the complaint specially when there was no denial on behalf of the complainant that there was privity of contract only between the complainant and respondent no. 3 herein and no privity of contract between the Complainant and the Appellant?

Admit.

Issue notice to the other respondents, returnable at an early date.

RERA No. 12 of 2026

2

Steps for service of notice be taken within seven working days.

It has been informed that the Appeal No. D 166 of 2025 (ABC Infrapromoters Private Limited Versus Preeti Saxena) is pending before the learned Tribunal for further hearing.

Connect and list this appeal on 21.01.2026 along with RERA Appeal No.165 of 2025.

It is hereby provided that further proceedings before the Tribunal shall be subject to the final outcome of the present appeal.

(Syed Qamar Hasan Rizvi,J.)

January 9, 2026

(Manoj K.)

Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench