Mr. Nand J. Badlani And ANR. v. District Deputy Registrar, Co-Op. Societies, Mumbai City (4) And ORS.

911-wp3801-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3801 OF 2017 Nand J. Badlani & Anr.

...Petitioners

V/s.

District Deputy Registrar, Co-operative Societies, Mumbai City (4) & Ors.

...Respondents

Mr.Ritesh Mishra for the Petitioners.

Mr.S.H. Kankal , A.G.P. for the State - Respondent No.1. Mr.N.V. Walawalkar, Senior Counsel i/b Mr.S.M. Sabrad for the Respondent No.2.

CORAM : R.D. DHANUKA, J.

DATE : 13TH MARCH, 2018.

P.C. :- 1.

In the order dated 27th February, 2018, the appearance of Mr.P.K. Dhakephalkar, learned senior counsel shall be substituted by Mr.N.V. Walawalkar, learned senior counsel. The order dated 27th February, 2018 stands corrected accordingly.

2.

By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 10th October, 2014 passed by the respondent no.1 of the deemed conveyance in favour of the respondent no.2 society. It is not in dispute that the Deed of Conveyance is already executed and registered on 12th June, 2017. 1/2

911-wp3801-17 3.

The petitioner can file a civil suit for adjudication of the title, if any. It is made clear that if any such suit for adjudication of title is filed by the petitioner, the said suit can be independently decided by the Civil Court. It is made clear that the authority has not decided the title for adjudication in question in the impugned order. 4.

The writ petition is disposed of in aforesaid terms with liberty to the petitioner to file the civil suit. No order as to costs. (R.D. DHANUKA, J.) 2/2