Baburao Raghunathrao Ghorpade Decd Thru Lhrs And ORS v. Ghorpade Cooperative Housing Society Ltd. And ORS

Dusane 1/2 15 WP2303.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2303 OF 2021 Baburao Raghunathrao Ghorpade ....Petitioners since deceased, through his Heir & LR Vinay Baburao Ghorpade & Ors.

Vs.

Ghorpade Co-operative Housing ....

Respondents Society Ltd. & Ors.

Mr. Rajesh S. Datar for Petitioners.

Mr. Prashant D. Jadhav a/w Ms. Vishakha Pandit a/w Mr. Dilip Ugade for Respondent No. 1.

Coram : NITIN W. SAMBRE, J.

Date : 30th JUNE, 2021 P.C.:

1.

Heard Mr. Datar, learned counsel appearing for the Petitioners and Mr. Jadhav, learned counsel appearing for Respondent No. 1.

2.

The counsel appearing for Respondent No.1, on instructions, informs that the orders of the authority, permitting

Dusane 2/2 15 WP2303.2021.doc deemed conveyance, which is impugned in the petition is taken to its logical end and the documents of conveyance is already registered. 3.

In the aforesaid backdrop, in my opinion, the remedy available to the Petitioners is that of filing the suit. This issue is already settled by the judgments of the Division Bench of this Court. 4.

As such the petition stands disposed of with liberty to the Petitioners to question the deemed conveyance in a suit proceedings. 5.

The Counsel appearing for Respondent No. 1 in response to the Court'

s query volunteers and undertakes to supply true copy of the conveyance documents to Mr. Datar within a period of two weeks from today, if required by email provided Counsel for the Petitioners makes his email I.d. available.

( NITIN W. SAMBRE, J.)