Appellant / Complainant
Rajneesh Mathur, Swati Mathur
Respondent
Shipra Estate Limited Jai Krishan Estates Developers Pvt. Ltd.
shipra estate limited jai krishan estates developers pvt. ltd.
₹78,98,044
Appellant
Legal Issues & Claims Raised
Case Procedural History & Progression Tree
Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.
Complaint Filing & Dispute Registration
Complaint registered under Case ID 0901126025522024 by Rajneesh Mathur, Swati Mathur against Shipra Estate Limited Jai Krishan Estates Developers Pvt. Ltd. before up_rera.
Hearing
The Tribunal set aside the U.P. RERA order that had dismissed the execution proceedings, ruling that the executing authority cannot go behind the decree or impose interest rates previously quashed by the Tribunal. The order further held that the transfer of the unit to a third party during pendency is subject to the doctrine of lis pendens under Section 52 of the Transfer of Property Act and must abide by the original decree.
Hearing
The Tribunal granted an adjournment application filed by the appellant's counsel due to illness and rescheduled the appeal for hearing on 24.07.2025.
Hearing
The Tribunal noted that the matter had already proceeded ex-parte against the respondent and scheduled the appeal for a final hearing on 02.07.2025.
Hearing
The Tribunal noted the absence of the respondent's counsel and adjourned the matter to 23.05.2025 for orders/hearing.
Hearing
The Tribunal has adjourned the matter to 22.04.2025 for orders, following a joint request from the counsel for both parties.
Hearing
The Tribunal granted a request from the appellant's counsel to reschedule the hearing, listing the appeal for 24.03.2025.
For Order
The Tribunal granted a request from the appellant's counsel to adjourn the matter and rescheduled the appeal for hearing on 21.02.2025.
For Order
Due to the respondent's failure to file objections despite a previous cost imposition and failure to file a power of attorney, the Tribunal has proceeded ex parte against the respondent and scheduled the matter for orders on 30.01.2025.
For Order
The Tribunal granted the Respondent additional time to file their objection, subject to a cost of Rs. 20,000/- to be paid to the Appellant, and scheduled the next hearing for 15.01.2025.
For Order
The Tribunal granted the respondent two weeks to file objections and issued an interim injunction restraining the respondent from creating any third-party rights in the subject unit, subject to the final outcome of the appeal.
For Order
The Tribunal granted the respondent 10 days to file objections against the appeal and directed the appellant to file a reply within one week thereafter, with the next hearing scheduled for 24.10.2024.
For Order
The Tribunal directed the appellant to provide a soft copy of the memo of appeal and established a timeline for the respondent to file objections and the appellant to file a reply.
Admission
The Tribunal issued notice to the respondent regarding the appeal against the Regulatory Authority's refusal to take action under Section 63, and set a hearing date for 23.08.2024.
Admission
The Tribunal noted that the appellant has removed all registry defects and directed the Registry to submit a report on the same, listing the matter for orders on 12.07.2024.
Tribunal Order #0901126025522024-24-07-2025
The Tribunal set aside the U.P. RERA order that had dismissed the execution proceedings, ruling that the executing authority cannot go behind the decree or impose interest rates previously quashed by the Tribunal. The order further held that the transfer of the unit to a third party during pendency is subject to the doctrine of lis pendens under Section 52 of the Transfer of Property Act and must abide by the original decree.
Tribunal Order #0901126025522024-02-12-2024
The Tribunal granted the Respondent additional time to file their objection, subject to a cost of Rs. 20,000/- to be paid to the Appellant, and scheduled the next hearing for 15.01.2025.
Tribunal Order #0901126025522024-15-01-2025
Due to the respondent's failure to file objections despite a previous cost imposition and failure to file a power of attorney, the Tribunal has proceeded ex parte against the respondent and scheduled the matter for orders on 30.01.2025.
Tribunal Order #0901126025522024-24-10-2024
The Tribunal granted the respondent two weeks to file objections and issued an interim injunction restraining the respondent from creating any third-party rights in the subject unit, subject to the final outcome of the appeal.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the U.P. RERA order that had dismissed the execution proceedings, ruling that the executing authority cannot go behind the decree or impose interest rates previously quashed by the Tribunal. The order further held that the transfer of the unit to a third party during pendency is subject to the doctrine of lis pendens under Section 52 of the Transfer of Property Act and must abide by the original decree. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the U.P. RERA order that had dismissed the execution proceedings, ruling that the executing authority cannot go behind the decree or impose interest rates previously quashed by the Tribunal. The order further held that the transfer of the unit to a third party during pendency is subject to the doctrine of lis pendens under Section 52 of the Transfer of Property Act and must abide by the original decree.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Interest Period
prior to 01.05.2017, thereafter, at MCLR+1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Jagrit Sharma
Respondent Advocate(s)
- Devansh Bhardwaj
Official RERA Tribunal Orders (4)
The Tribunal set aside the U.P. RERA order that had dismissed the execution proceedings, ruling that the executing authority cannot go behind the decree or impose interest rates previously quashed by the Tribunal. The order further held that the transfer of the unit to a third party during pendency is subject to the doctrine of lis pendens under Section 52 of the Transfer of Property Act and must abide by the original decree.
The Tribunal granted the Respondent additional time to file their objection, subject to a cost of Rs. 20,000/- to be paid to the Appellant, and scheduled the next hearing for 15.01.2025.
Due to the respondent's failure to file objections despite a previous cost imposition and failure to file a power of attorney, the Tribunal has proceeded ex parte against the respondent and scheduled the matter for orders on 30.01.2025.
The Tribunal granted the respondent two weeks to file objections and issued an interim injunction restraining the respondent from creating any third-party rights in the subject unit, subject to the final outcome of the appeal.
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