HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW RERA APPEAL No. - 99 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Shri Mukund Tiwari, learned counsel assisted by Shri Abhishek Khare, learned counsel for the appellant and Shri Azhar Iqram, learned counsel for the respondent. 3. The present petition has been filed against the order dated 18.08.2025 passed by the U.P. Real Estate Appellate Tribunal, Lucknow in Appeal No.88 of 2023, whereby directions were issued for handing over the unit, after execution of the conveyance deed, which is subject matter of the appeal in a habitable condition, other directions were also issued. 4. The contention of the learned counsel for the appellant is that, the appeal was preferred by the respondent, challenging an order dated 15.06.2022 passed by the RERA Authority. During the pendency of the appeal, the directions were issued on various dates, including, the directions which have been impugned in the present appeal. 5. The only question arises in the present appeal is whether, the Appellate Authority can pass orders, at an interim stage, during the pendency of appeal, learned counsel for the respondent says, that the directions given by the RERA Authority are not being complied with by the petitioner and, thus, the Appellate Authority was right in giving the directions. 6. Considering the submissions made at the Bar, in terms of the mandate of Versus Counsel for Appellant(s) : Abhishek Khare Counsel for Respondent(s) : L.D.A. Thru. Signatory Mr. Devansh Trivedi .....Appellant(s) Dishika Bhatia .....Respondent(s) Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as "RERA Act"), the powers, which can be exercised by the Appellate Tribunal are prescribed under Section 44 (3) of RERA Act, the submissions of learned counsel for the appellant is, that there are no powers vested with the Appellate Tribunal, to give directions at the interim stage, that too in the appeal, preferred by the allottee, whereas on the other hand, learned counsel for the respondent relies upon Section 44(3) of RERA Act which empowers the Appellate Tribunal to pass orders including interim orders and the relevant provisions contained in Sections 44, 53 and 55 of RERA Act. Although the provisions of C.P.C. are not applicable, however, the principles based upon which, the Appellate Court is to decide the issue flow from Order 41. The Appellate Court has the power to pass interim orders, only to protect, the interest of parties to the appeal, and it cannot give any directions which are in the nature of final adjudication at the interim stage, the same can be done only at the time of deciding the appeal finally. 7. Thus, on the said limited question, the instant appeal is allowed. The order impugned is set aside with direction to the Appellate Tribunal to decide the appeal in accordance with law without giving any unnecessary adjournment to any of the parties. The respondent would, however, be at liberty to execute the orders passed by the Authority on 15.06.2022 in accordance with law even when the appeal is pending. 8. Subsequent order in pursuance to the order impugned in the present appeal is also set aside. September 25, 2025 Anand/- RERA No. 99 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench