Civil court jurisdiction barred under RERA where the statute provides a complete mechanism for adjudication and enforcement.

Section 9 CPC preserves civil court jurisdiction unless expressly or by necessary implication excluded, but the Real Estate (Regulation and Development) Act, 2016 was treated as a complete code governing promoter-allottee rights, project registration, possession, payment obligations, complaint redressal, adjudication, appellate remedies, and enforcement. Section 79 was applied to bar civil court jurisdiction in matters the Authority, adjudicating officer, or Appellate Tribunal is empowered to determine, and the enforcement framework under Rule 26 of the West Bengal Rules, 2021 and Order XXI CPC reinforced that statutory scheme. On that basis, the Civil Court lacked subject-matter jurisdiction to grant the ex parte ad interim injunction, which was therefore without authority and could not be sustained.

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Issues: Whether the Civil Court's jurisdiction to entertain a suit for specific performance and grant temporary injunction stood barred under the Real Estate (Regulation and Development) Act, 2016, and whether the ex parte ad interim injunction passed by the Civil Court was a nullity.

Analysis: Section 9 of the Code of Civil Procedure, 1908 preserves civil court jurisdiction unless it is expressly or by necessary implication excluded. The Real Estate (Regulation and Development) Act, 2016 was read as a complete statutory code governing the rights and obligations of promoters and allottees, including registration of projects, conveyance, possession, allottee obligations to make payment, complaint redressal, adjudication of compensation, appellate remedies, and enforcement. The Court held that Section 79 of the Act bars civil court jurisdiction in matters that the Authority, adjudicating officer, or Appellate Tribunal is empowered to determine. It also held that the statutory scheme, including Rule 26 of the West Bengal Real Estate (Regulation and Development) Rules, 2021 and Order XXI of the Code of Civil Procedure, 1908, provides for enforcement of orders in the manner of a civil decree. On that basis, the Court concluded that the Act supplies a complete mechanism and that the civil court could not have granted the injunction. Since the court lacked subject-matter jurisdiction, the interim order was treated as without authority.

Conclusion: The jurisdiction of the Civil Court was barred, the impugned injunction could not be sustained, and the order was rightly set aside.

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