Late Narayan Shankar Kene Since Dead Thr His Legal Heirs v. Kalpesh Co Op Ho So Ltd. And ORS

(6)-WP-394-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.394 OF 2022 WITH INTERIM APPLICATION NO.2476 OF 2022 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.07.20 10:22:32 +0530 BALAJI GOVINDRAO PANCHAL Late Narayan Shankar Kene Since deceased through legal heirs Anusaya Narayan Kene & Ors.

..Petitioners

Versus

Kalpesh Co.Op. Housing Society Ltd. & Ors. ..Respondents Mr. Jyotiram S. Yadav, for the Petitioners.

Mr. Rajesh S. Datar, for Respondent No.1/Society. Mr. S. D. Rayrikar, AGP for Respondent Nos.2 & 10. Mr. Dushyant Pagare, for Respondent No.7.

CORAM : NITIN W. SAMBRE, J.

DATE : 19th JULY, 2022 P.C.

1.

Heard.

2.

The challenge is to the order granting deemed conveyance under Sub Section (3) of Section 11 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.

3.

Since the deemed conveyance is already registered and the issue involved is in regard to the service of notice, so also the hearing to the petitioners in the said BGP.

(6)-WP-394-22.doc.

proceedings, counsel the petitioners on instructions made a prayer for withdrawal of the petition.

4.

The petition as such stands disposed of as withdrawn.

5.

In view of disposal of the petition, the interim application also stands disposed of.

6.

However, this will not preclude the petitioners from taking out proceedings before the Civil Court questioning the deemed conveyance which will be decided without being influenced by withdrawal of the present petition.

7.

The order of status-quo which is in operation in the present matter is continued for a period of six weeks. [NITIN W. SAMBRE, J.] BGP.