Shri. J.P. Shroff v. Surpiya Classic Co-Operative Housing Society And ORS.

Yadav VG 1 903.wp.2483.15.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPEALLATE JURISDICTION WRIT PETITION NO. 2483 OF 2015 Shri J. P. Shroff ..Vs.. Surpiya Classic Co-operative Housing Society & Ors.

Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders.

Court's or Judge's orders Mr. Sukand R. Kulkarni for Petitioner.

Mr. B. G. Ligade a/w Drupad S. Patil for Respondent No.1.

Mr. S. D. Rayrikar, AGP for Respondent Nos.2 to 4.

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CORAM

: K. K. TATED, J.

DATE : AUGUST 04, 2017.

P.C. :

.

Heard learned Counsel for parties.

2.

The learned Counsel Mr. Kulkarni for Petitioner and Mr. Ligade for Respondent No.1 submit that matter is settled out of Court. They have tendered the Consent Minutes dated 4th August, 2017.

3.

The learned Counsel for Petitioner submit that Petitioner - J. P. Shroff is present in Court. The learned Counsel for Respondent No. 1 submit that Mr. Sanjay Vyas, Joint Secretary of Respondent - Society is present in the Court.

Yadav VG 2 903.wp.2483.15.odt. 4.

The undertaking given by them in Consent Minutes of order dated 4th August, 2017 is accepted. Minutes of order has taken on record and marked "X" for identification. It read thus :

"MINUTES OF ORDER (1) Parties have settled the dispute before the Court inter se between them and hence, by consent of parties, this Petition can be conveniently disposed of by following order without recording the reasons - A.

The Petitioner undertakes to implement order dated 17th April, 2009 passed by the Ld. District Deputy Registrar, Pune. The Petitioner also undertakes to execute and register consequential conveyance deed in favour of Respondent No. 1 - Society.

B.

The Petitioner undertakes and Respondent No.1 Society consents to cancellation of the Deed of Declaration dated 5th January, 2009 and all Deeds of Apartments. The Petitioner will be entitled for refund of stamp duty paid towards these Deeds in accordance with law. Both the parties have agreed to complete this exercise within eight weeks from the date of this order butbefore execution of Deed of Conveyance.

Yadav VG 3 903.wp.2483.15.odt. (2) Undertakings made, by Petitioner and Respondent No.1 Society, are accepted.

(3) In view of the above, the Petitioner is not pressing the reliefs prayed for in this Petition and hence the Petition is disposed of in terms of the settlement arrived at the parties." 5.

Writ Petition stand disposed of in terms of Minutes of Order.

(K.K.TATED, J.)