Execution of RERA Tribunal Orders Through Order XXI Rule 32(5) of the CPC.
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Case: MR. RAJAN CHANDIRAMANI v. SWADHINTA BUILDERS LLP
Court: Bombay High Court
Date: 24-06-2026
Law: Code of Civil Procedure, Real Estate (Regulation and Development) Act, Specific Relief Act, Jurisprudence & Interpretation.
Highlights of the Judgment:
- An analysis of the scope of Section 57 of RERA regarding the execution of Appellate Tribunal orders as civil court decrees.
- Application of the "real controversy test" to determine the permissibility of amendments in execution proceedings.
- Interpretation of the legal fiction created by Section 57 and its interplay with the Code of Civil Procedure, 1908.
- Clarification on whether regulatory remedies under Sections 7 and 8 of RERA foreclose execution modes under Order XXI Rule 32(5).
- Discussion on the discretionary power of the executing court to permit decree-holders to perform acts at the judgment debtor's expense.
- Examination of the "generalia specialibus non derogant" maxim in the context of RERA and general procedural law.