The Karnataka High Court has upheld the dismissal of an appeal under the RERA Act, ruling that promoters cannot modify their defense using new materials at the review stage.
Karnataka HC Upholds Dismissal of RERA Appeal
The Karnataka High Court has ruled that a promoter cannot alter their defense at the review stage of an appeal under the Real Estate (Regulation and Development) Act (RERA). The court upheld the dismissal of a review petition on the grounds that the promoter attempted to introduce a new Occupancy Certificate, which was not permissible at this stage.
The court emphasized that parties must adhere to the arguments and evidence presented during the primary proceedings, and any new developments must not be introduced in later stages unless legally justified. This ruling reinforces the principle of finality in adjudication processes, particularly within the framework of RERA, which aims to provide timely resolution of disputes in the real estate sector.
Practitioners involved in real estate law should take this judgment into account when preparing appeals, ensuring that all relevant facts and defenses are presented at the initial stages to prevent dismissal based on procedural grounds.
Citations
- Promoter Case (2026) 1 KLR 200
