The Karnataka High Court affirmed the dismissal of a review petition under RERA, stating that promoters cannot alter their defence at the review stage. The ruling underscores the importance of consistent factual presentation.
Karnataka HC Upholds Dismissal of RERA Appeal for Altered Defence
The Karnataka High Court has upheld the dismissal of a review petition filed under the Real Estate (Regulation and Development) Act, 2016 (RERA). The court ruled that a promoter could not change its defence during the review phase by introducing a new Occupancy Certificate, thereby maintaining the original judgement's integrity.
The court’s reasoning focused on the necessity of maintaining a consistent factual matrix throughout legal proceedings. The judge emphasized that allowing a promoter to introduce new defences at this stage would undermine judicial efficiency and could lead to unnecessary prolongation of proceedings.
As per the ruling,
“Consistency in legal arguments is fundamental to the pursuit of justice; changes made at the review stage can distort the fabric of the original appeal.”This statement reflects the court's commitment to maintaining procedural propriety and fairness in the adjudication process.
This judgement serves as a significant reminder to real estate practitioners regarding the importance of robust and consistent representation of facts throughout legal proceedings. Any changes in defence strategy should be incorporated at the earliest stages to avoid dismissal on procedural grounds.
Citations
- Case Name (2026) KHC 1
