The Karnataka High Court issued a landmark decision in early December 2025, clarifying that orders from the Real Estate Regulatory Authority (RERA) or its Appellate Tribunal cannot be executed as civil court decrees under the Code of Civil Procedure (CPC). Justice M. Nagaprasanna ruled that RERA functions as a self-contained code, mandating enforcement solely through the statutory recovery mechanism outlined in the RERA Act, typically involving revenue authorities like the Tahsildar. This stems from RERA orders not qualifying as “decrees” under Section 2(2) of the CPC, as they arise from complaint-based proceedings rather than suits.​

Case Background

Homebuyers secured favorable RERA orders for delays and violations, then filed execution petitions in civil courts, prompting developers to challenge jurisdiction under Section 79 of the RERA Act and Rule 26 of Karnataka RERA Rules. The High Court set aside civil court orders rejecting builder objections, directing buyers to pursue revenue channels for enforcement. Even if RERA cannot execute directly, matters transfer to the Principal Civil Court only as a last resort after revenue efforts fail, without treating orders as decrees.​

Key Court Observations

• RERA provides a dedicated recovery process under Section 40, treating dues as land revenue arrears recoverable by Tahsildars via property seizure.​
• The ruling aligns with precedents from Allahabad, Madhya Pradesh, Rajasthan, and Calcutta High Courts, reinforcing national consistency.​
• Rule 26 allows civil court involvement only post-revenue failure, not for direct execution.​

Implications for Stakeholders

This decision streamlines enforcement for thousands of pending RERA disputes in Karnataka, reducing civil court misuse and accelerating homebuyer recoveries. Developers face stricter compliance without litigation delays, while RERA’s authority strengthens amid sector challenges. Experts note potential needs for appeals or CPC amendments to sustain RERA’s effectiveness. Bangalore’s real estate market, with ongoing projects, will see clearer regulatory paths.​

  Karnataka HC on RERA enforcement, RERA Orders Enforced via Revenue Machinery