Avinash Sanmarg Chs Ltd. v. Ambika Plaza Co-Operative Hsg. Soc. Ltd. And ORS

kvm 1/1 26-WP10341.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10341 OF 2016 Avinash Sanmarg CHS Ltd.

..... Petitioner

VERSUS

Ambika Plaza Co-operative Hsg.Soc.

Ltd. & Ors.

..... Respondents Mr.Harish R.Pawar for the Petitioner.

Mr.Surel S.Shah, i/b. Mr.Mangesh D.Chavan for the Respondent no.1. Mr.S.H.Kankal, A.G.P. for the State - Respondent nos.2 and 3. CORAM :

R.D. DHANUKA, J.

DATE :

5th MARCH, 2018 P.C.

Mr.Shah, learned counsel for the respondent no.1 society states that the deed of conveyance is already registered. Statement is accepted.

2.

In the impugned order passed by the authority allowing deemed conveyance, title in respect of the property is not decided by the authority. The remedy of the petitioners would be to file a civil suit for apply for adjudication of the title in respect of the suit property. If any such suit is filed, the same can be decided independently. 3.

The respondent no.1 is directed to furnish a copy of the deed of conveyance duly registered to the learned counsel for the petitioner within one week from today.

4.

Writ petition is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]