M/S. Homelands Corporation v. The District Deputy Registrar-Iii, Co-Op. Soc And Competant Authority And ORS

16-WP-1364-2015 mujahed

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1364 OF 2015 M/s. Homelands Corporation

...Petitioner

V/s.

The District Deputy Registrar-III & Ors

...Respondents

Mr. H.M. Inamdar for the Petitioner.

Ms. K.N. Solunke, AGP for State/Respondent No. 1. Mr. Dinesh Rane for Respondent Nos. 2 & 3.

CORAM : R.D. DHANUKA, J.

DATE : 19TH MARCH, 2018.

P.C. :- 1.

Mr. Inamdar, learned counsel for the petitioner does not dispute that the deed of conveyance is already executed in implementation of the impugned order dated 3rd April, 2014 passed by the respondent no.1. He seeks liberty to file civil suit for adjudication of title in respect of the property in question. 2.

It is made clear that in the impugned order dated 3rd April, 2014 passed by the respondent no.1, no title dispute is adjudicated upon by the respondent no.1 and the same can be decided by the Civil Court in the civil suit, if any, filed by the petitioner. The suit may be filed within four weeks from today. If any, such suit is filed, the same 1/2

16-WP-1364-2015 shall be decided on its own merits. If any, application for interim relief is filed by the petitioner, the same shall also be considered by the Civil Court on its own merits. This Court has not expressed any views on merits of the matter. Writ petition is disposed of in the aforesaid terms. There shall be no order as to costs. (R.D. DHANUKA, J.) 2/2