Mr. Bhushankumar Bhimrao Bhiwandkar And ANR v. The State Of Maharashtra And ORS

1 28.12018.13 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12018 OF 2013 Mr. Bhushankumar Bhimrao Bhiwandkar .....Petitioners and another V/s.

The State of Maharashtra and others .....Respondents Mr. Amol K. Tembe for the Petitioner Mr. S. H. Kankal AGP for the State Mr. Sagar Ghogare i/b Mr. Sandip Ghogare for respondent no. 3 CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 3, 2019.

P.C.

In view of law laid down by the Division Bench of this Court in the matter of Mazda Construction Company & Ors Vs. Sultanabad Darshan CHS Ltd. & Ors [2013 (2) ALL MR 278] the claim of the petitioner to the extent of right of the respondent in seeking Deed of Conveyance pursuant to the provisions of Section 10 &11 of the MOFA Act, in my opinion cannot be gone into, particularly when

2 28.12018.13 wp.doc there are disputed question of facts raised by the petitioner. As such, this Court since was not inclined to entertain the petition, the learned counsel for the petitioner made a motion for withdrawal of the petition.

Petition is dismissed as withdrawn with liberty to approach Civil Court.

Order interim passed by this Court to continue upto 21/09/2019.

[NITIN W. SAMBRE, J.]