Miss Joana Rose Philomena Miranda And ORS v. Lovely Home Chs Ltd And ORS

916 wp 9794.23.doc Dusane BHALCHANDRA GOPAL DUSANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE Date: 2023.12.06 11:26:09 +0530 WRIT PETITION NO.9794 OF 2023 Ms. Joana Rose Philomena Miranda

...Petitioners

& Ors.

V/s.

Lovely Home CHS & Ors.

...Respondents

Mr. Ashutosh Kulkarni i/by Mr. Gaurav Sharma for Petitioner.

Ms. Vishaki Bhate for Respondent No.1 Mrs. V.S. Nimbalkar, AGP for Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

5th December 2023 P.C.:

1.

Ms. Bhate, learned Counsel appearing for the Respondent No.1 on instructions states that pursuant to the impugned order in the present petition, the deemed conveyance is registered. 2.

In view of this development, Mr. Kulkarni, learned Counsel appearing for the Petitioners seeks withdrawal of the Writ Petition with liberty to file Suit.

3.

It is settled legal position that the order granting deemed conveyance does not conclude the issue of title. 1/2

916 wp 9794.23.doc 4.

Accordingly, the Writ Petition is allowed to be withdrawn with liberty to file the suit.

5.

It is clarified that this Court has not considered the merits and all contentions of both the parties on merits are expressly kept open.

6.

The Writ Petition is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.) 2/2