HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7116 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Abhishek Khare, learned counsel for the petitioner, Sri Kushagra Singh, Advocate holding brief of Sri Shobhit Mohan Shukla, learned counsel for the opp. party No.1- Real Estate Regulatory Authority. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought a direction to the U.P. Real Estate Appellate Tribunal for expeditious disposal of an application for interim relief filed by the petitioner along with his appeal on 14.10.2025. 3. Submission of the learned counsel for the petitioner is that as a pre- requisite for filing the appeal, the petitioner has already paid the entire amount awarded by the R.E.R.A., yet the execution proceedings has been issued by the opp. party No.1. It is further submitted that Section 44(5) of the Real Estate (Regulation and Development) Act, 2016 provides that an appeal preferred under sub-Section (1) of Section 44 shall be dealt with by the Appellate Tribunal as expeditiously as possible and an endeavor shall be made by the Tribunal to dispose of the appeal within a period of 60 days from the date of receipt of the appeal. 4. Learned counsel for the opp. parties have submitted that the appeal filed by the petitioner has been registered. Further, the appeal has been filed along with an application for interim relief, which is also required to be disposed off. 5. A recovery-certificate has been issued for recovery of Rs.5,55,087/- in furtherance an order passed by the R.E.R.A. Annexure-9 annexed to the Versus Counsel for Petitioner(s) : Abhishek Khare, Aahuti Agarwal Counsel for Respondent(s) : Shobhit Mohan Shukla Patel Advance Jv New Delhi Thru. Authorized Signatory .....Petitioner(s) U.P. Real Estate Regulatory Authority Thru. Adjudicating Officer And Another .....Respondent(s) petition is an N.E.F.T. Challan evidencing deposit of Rs.5,70,458/- with the Tehsildar. Minor difference in the amount is due to interest that keeps on increasing on daily basis. When the petitioner has already deposited the amount awarded by the R.E.R.A., and the possession has already been taken, it will not be expedient in the interest of justice to proceeded with the execution proceedings pending decision of the application for interim relief by the Real Estate Appellate Tribunal. 6. Accordingly, this petition is disposed off, requesting the U.P. Real Estate Appellate Tribunal to decide the appellation for interim relief filed by the petitioner and the appeal itself, expeditiously. 7. As the petitioner has already deposited the entire amount awarded by the R.E.R.A., it is provided that till decision of the appeal, the execution proceedings for recovery in furtherance of order dated 28.11.2019 passed by the U.P. R.E.R.A. in Complaint No.2201931154, Dheeraj Kaur v. M/s Patel Advance JV, shall remain stayed. December 16, 2025 -Amit K- A227 No. 7116 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench