relying upon Section 79 of the
Act to hold that the suit is not maintainable ignoring the fact that
Section 79 bars jurisdiction ... invoking Order VII Rule 11
read with Section 151 of CPC and invoked Section 79 of the
RERA Act and defence of the defendant cannot
RERA Act ' for short) and if the remedy is
available only under Section 14 of the RERA Act, Section 79 of
the RERA ... unsustainable. If Section 14 of the RERA Act is not the remedy
available to a home buyer, the bar under Section 79 of the
RERA
same set of facts.
46. Learned counsel referring to Section 2(b) of RERA,
where the word 'allottee' is defined, also refers to Rule ... since there is a
bar of jurisdiction as provided under Section 79 of RERA, the
only remedy that is available is under the provisions
enforcement of an order. He would further contend
that Section 79 of the RERA Act bars any civil Court to have
jurisdiction to entertain ... manner as may be
prescribed as arrears of land revenue. Section 79 of the RERA Act
reads as follows:
"79. Bar of Jurisdiction
enforcement of an order. He would further contend
that Section 79 of the RERA Act bars any civil Court to have
jurisdiction to entertain ... manner as may be
prescribed as arrears of land revenue. Section 79 of the RERA Act
reads as follows:
"79. Bar of Jurisdiction
enforcement of an order. He would further contend
that Section 79 of the RERA Act bars any civil Court to have
jurisdiction to entertain ... manner as may be
prescribed as arrears of land revenue. Section 79 of the RERA Act
reads as follows:
"79. Bar of Jurisdiction
before the RERA. The REAT referred to the
provisions of Section 79 of the RERA Act and held that mere
pendency of the civil dispute ... that the REAT has correctly referred to the
provisions of Section 79 of the RERA Act and expressed its
opinion.
11. Be that
Civil Court's jurisdiction is expressly barred under Section
79 of the RERA Act. It is contended that petitioner/ defendant ... expressly barring the jurisdiction of the Civil Court under
Section 79 of the RERA Act as contended. No illegality or
irregularity is found with
Rai Estates vs The State Of Karnataka on 19 September, 2025
Author: M.Nagaprasanna
Bench
M/S Lorven Structures vs The State Of Karnataka on 19 September, 2025
Author: M
