Disposed

V.C. Mishra v. M.P Real Estate Regulatory Authority

Madhya Pradesh HC19 Jan 2024WP/1375/2024

Case brief

AI extract

What is this about?

Petitioners sought directions for execution of a Real Estate Appellate Tribunal order. Court directed respondent to decide their application within four weeks and, if unable to execute, transfer it to the appropriate Principal Civil Court under Rule 28.

What did the court decide?

Direction to respondent to decide Annexure P/6 application in four weeks and, if unable to execute, transfer the Tribunal order to the jurisdictional Principal Civil Court under Rule 28.

V.C. Mishra vs M.P Real Estate Regulatory Authority — Property and Title | Madhya Pradesh HC (2024)

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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

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BEFORE

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HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE ON THE 19^th OF JANUARY, 2024

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WRIT PETITION No. 1375 of 2024

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BETWEEN:-

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1. V.C. MISHRA S/O SHRI NARAYAN DATT MISHRA, AGED ABOUT 73 YEARS, OCCUPATION: ADVOCATE FLAT NO 103 DHAWALGIRI APARTMENT 165 MAYUR NAGAR THATIPUR GWALIOR (MADHYA PRADESH)

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2. SATYESH MISHRA S/O SHRI V.C. MISHRA, AGED ABOUT 48 YEARS, OCCUPATION: COACHING FLAT NO. 103 DHAWALGIRI APARTMENT 165 MAYUR NAGAR THATIPUR (MADHYA PRADESH)

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.....PETITIONERS

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(BY SHRI GAURAV MISHRA - ADVOCATE)

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AND

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M.P REAL ESTATE REGULATORY AUTHORITY THROUGH IS EXECUTION OFFICER RERA BHAWAN ARERA HILLS BHOPAL (MADHYA PRADESH)

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.....RESPONDENT

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This petition coming on for admission this day, the court passed the following:

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ORDER

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The present petition under Article 226/227 of the Constitution of India has been filed by the petitioners seeking following reliefs:

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"(i) That, Execution Officer, RERA entrusted with the execution of Order dated 24.05.2019 passed by M.P. Real Estate Appellate Tribunal, be directed to sent Order dated 24.05.2019 for execution, to the to the Learned Principal Civil Court, Gwalior/Principal District Judge, Gwalior as per Rule

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Signature Not Verified Signed by: PAWAN KUMAR Signing time: 19-01-2024 05:36:55 PM

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28 of M.P. Real Estate (Regulation and Development) Rules, 2017.

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(ii) That, in alternative respondent be directed to expedite the execution proceedings."

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At the outset, counsel for the petitioners submits that the present petition may be disposed of with a direction to the respondent to consider and decide the application of the petitioner Annexure P/6 in a time bound manner and in case of its inability to execute the order dated 24.05.2017 passed by M.P. Real Estate Appellate Tribunal, Bhopal, the same may be transferred to competent Principal Civil Court in whose jurisdiction property is situated under the provisions of Rule 28 of the Rules of 2017.

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The prayer made by counsel for the petitioners appears to be reasonable and is hereby accepted.

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Accordingly, the present petition is disposed of with a direction to the respondent to consider and decide the application of the petitioners Annexure P/6 within a period of four weeks from the date of receiving certified copy of this order and in the event of its inability to execute the order dated 24.05.2017 passed by M.P. Real Estate Appellate Tribunal, Bhopal, the same shall be sent to the Principal Civil Court, to execute such order either within the local limits of whose jurisdiction the real estate project is located or in the Principal Civil Court within the local limits of whose jurisdiction the person against whom the order is being issued, actually and voluntarily resides, or carries on business or personally works for gain under the provisions of Rule 28 of the Rules of 2017.

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With the aforesaid directions, the present petition is disposed of finally.

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Certified copy as per Rules.

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Signature Not Verified Signed by: PAWAN KUMAR Signing time: 19-01-2024 05:36:55 PM

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(MILIND RAMESH PHADKE) JUDGE

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pwn*

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Signature Not Verified Signed by: PAWAN KUMAR Signing time: 19-01-2024 05:36:55 PM

V.C. Mishra v. M.P Real Estate Regulatory Authority

Case brief

What is this about?

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V.C. Mishra v. M.P Real Estate Regulatory Authority

Case brief

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What did the court decide?

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