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Bombay High CourtWP/11791/2013disposed off

D. S. Kulkarni Developers Ltd, Through Mr. Dhananjay Pachpor And ORS v. The State Of Maharashtra And ORS

2018-02-26Hon'Ble Shri Justice R.D. Dhanuka1 pages

20-wp11791-13 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11791 OF 2013 D.S. Kulkarni Developers Ltd. & Ors.

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr.Nitesh V. Bhutekar for the Petitioner.

Mr.S.D. Rayrikar, A.G.P. for the State - Respondent Nos.1 and 2. Mr.R.D. Soni with Mr.V.R. Kasle i/b Ram & Co. for the Respondent No.3.

CORAM : R.D. DHANUKA, J.

DATE : 26TH FEBRUARY, 2018.

P.C. :- 1.

It is not in dispute that pursuant to the impugned order dated 10th September, 2013, the Deed of Conveyance is already executed and is also registered. The remedy of the petitioner would be to file a civil suit for adjudication of title. If any such civil suit is filed, the same can be decided on its own merits insofar as the issue of title is concerned.

2.

The writ petition is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 1/1