M/S. Ishwar Constructions Pvt. Ltd, Through Managing Director, Mr. Ishwar C. Parmar v. Parmar Paradise Co-Operative Housign Society, Through Secretary, Shri. Anwar W. Khan And ORS

rpw(st)14004-15-(12)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION ST.NO.14004 OF 2015 IN WRIT PETITION NO. 9304 OF 2013 M/s. Ishwar Constructions Pvt Ltd.

..Petitioner Vs.

Parmar Paradise Co-op Hsg Sty & Ors.

..Respondents Mr. K. Y. Mandlik for the Petitioner Ms Aparna Vhatkar AGP for the Respondent Nos.2 and 3 Mr. Prashant Naik i/b Mr. S. R. Waghmare for the Respondent No.1 CORAM :

R. M. SAVANT, J.

DATE :

31st July, 2015 P.C.

By the above Review Petition, the Review Petitioner seeks review of the order dated 13-4-2015 passed in the above Writ Petition. By the said order the Writ Petition filed by the Review Petitioner came to be dismissed and the order of deemed conveyance granted in favour of the Respondent No.1 society came to be confirmed. The Review of the order dated 22-4-2015 is sought on the ground that the area mentioned by the Competent Authority in the impugned order and the certificate of deemed conveyance issued of the same date is not correct. According to the Petitioner the Respondent No.1 society will be entitled to an area of 8116.60 sq.mtrs. The said calculation was also part of the argument when the above Writ Petition was heard for admission. It is required to be noted that the deemed conveyance is granted of mmj

rpw(st)14004-15-(12) an area of 8053.07 sq.mtrs. along with the vacant space and as per sanctioned plan along with indivisible share proportionate to the built up area of the Applicant.

In my view, therefore, no case for review under any of the eventualities mentioned in Order 47 of the Civil Procedure Code is made out. The Review Petition is accordingly dismissed. [R.M.SAVANT, J] mmj