Appellant / Complainant
Reeti Rastogi, Ashendra Kumar Rastogi
Respondent
Abhisht Developers & Builders Pvt. Ltd., Shivendra Bahadur Singh, Indu Singh
abhisht developers & builders pvt. ltd.
₹18,24,480
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 0901126018042025 by Reeti Rastogi, Ashendra Kumar Rastogi against Abhisht Developers & Builders Pvt. Ltd., Shivendra Bahadur Singh, Indu Singh before up_rera.
for delivery of Judgment/Order
The Tribunal set aside the Adjudicating Officer's finding that possession could not be delivered due to third-party sale deeds, ruling instead that under the doctrine of lis pendens, the developer must execute conveyance deeds and deliver possession to the original allottees.
Hearing
The Tribunal heard arguments from both the appellant and respondent regarding the appeal and its objections, subsequently reserving the judgment for future pronouncement.
Admission
The Tribunal granted an adjournment requested by the respondent's counsel due to them being out of station and rescheduled the hearing for January 7, 2026.
Delay condonation
The Tribunal granted the appellant 10 days to file a rejoinder and scheduled the next hearing for December 3, 2025.
Admission
The Tribunal granted the respondent a 10-day extension to file objections and directed parties to exchange pleadings before the next hearing scheduled for November 7, 2025.
Admission
The Tribunal granted the respondent ten days to file objections and scheduled the next hearing for October 14, 2025.
Admission
The Tribunal granted the respondent 10 days to file objections and vakalatnama, with a directive for the appellant to file a rejoinder within one week thereafter. The matter is scheduled for hearing on 15.09.2025.
Admission
The Tribunal adjourned the appeal to 26.08.2025 and granted respondent numbers 1 and 2 permission to file objections in the interim.
Admission
The Tribunal confirmed sufficient service of notice upon the respondents and granted them 10 days to file objections, with the matter scheduled for hearing on 06.08.2025.
Admission
The Tribunal issued notice to the respondent and directed that any transfer of the unit subject to the appeal shall be contingent upon the final outcome of the proceedings.
Tribunal Order #0901126018042025-12-05-2026
The Tribunal set aside the Adjudicating Officer's finding that possession could not be delivered due to third-party sale deeds, ruling instead that under the doctrine of lis pendens, the developer must execute conveyance deeds and deliver possession to the original allottees.
Tribunal Order #0901126018042025-27-05-2025
The Tribunal issued notice to the respondent and directed that any transfer of the unit subject to the appeal shall be contingent upon the final outcome of the proceedings.
Tribunal Disposal & Final Award Ruling
The Tribunal set aside the Adjudicating Officer's finding that possession could not be delivered due to third-party sale deeds, ruling instead that under the doctrine of lis pendens, the developer must execute conveyance deeds and deliver possession to the original allottees. Awarded in favor of Appellant. Awarded interest rate: SBI MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal set aside the Adjudicating Officer's finding that possession could not be delivered due to third-party sale deeds, ruling instead that under the doctrine of lis pendens, the developer must execute conveyance deeds and deliver possession to the original allottees.
Ruling Awarded To
Appellant
Awarded Interest Rate
SBI MCLR + 1%
Interest Period
from February 2015 till the actual delivery of possession
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Ashok Sinha
Respondent Advocate(s)
- Amit Yadav
Official RERA Tribunal Orders (2)
The Tribunal set aside the Adjudicating Officer's finding that possession could not be delivered due to third-party sale deeds, ruling instead that under the doctrine of lis pendens, the developer must execute conveyance deeds and deliver possession to the original allottees.
The Tribunal issued notice to the respondent and directed that any transfer of the unit subject to the appeal shall be contingent upon the final outcome of the proceedings.
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