NIDHISH Vs. SIVAPRAKASH

JUDGEMENT

(1.) This Court had disposed of this Miscellaneous Second Appeal as per Judgment dtd. 30/8/2024, which is reported in Nidhish.P.V V.Sivaprakash 2024 (6) KHC 16. Thereafter, the respondent filed this Review Petition No.1023/2024 to review the judgment dtd. 30/8/2024. This Court allowed the said Review Petition No.1023/2024 as per judgment dtd. 3/10/2024, recalling the judgment dtd. 30/8/2024, finding that this Court committed an error in allowing the appeal in part after framing the Substantial Questions of law at the admission stage itself.

(2.) Thereafter the Miscellaneous Second Appeal was admitted on the very same substantial questions of law which were considered in the judgment dtd. 30/8/2024. The Counsel on either side made additional submissions on 15/10/2024. Hence this revised judgment is passed incorporating consideration of the additional contentions made by the respondent.

(3.) The appellants are the legal heirs of the respondent in Complaint No.17/2020 of the Kerala Real Estate Regulatory Authority ('the K-RERA' for short).