Kalpana Dinesh Vithlani And ANR v. Divisional Joint Registrar Co-Operative Societies,Mumbai Division And 2 ORS

WP(L) 1385-15.doc Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1385 OF 2015 Kalpana Dinesh Vithlani & anr.

.Petitioners v/s.

Divisional Joint Registrar, Co-op. Societies, .Respondents Mumbai & ors.

Mr.Amey Gokhale with Mrs.S.J.Nagasari, Advocate, for the Petitioners Mr.R.P.Pawar, Advocate, for the Respondent No.2

CORAM

:

A.A.SAYED, J.

DATE :

16.07.2015 P.C.

.

After hearing the matter for some time, learned counsel for the Petitioners and learned counsel for the Respondent No.2 are agreed to the following order being passed.

(i) The impugned order of the Divisional Joint Registrar dated 19.03.2013 shall stand and continue to operate. However, the same would be without prejudice to the rights and contentions of the Petitioners, who claim to have a right in the flat in question under a Will dated 08.05.2007.

(ii) The Petitioners would be at liberty to move an application for appropriate reliefs in the probate proceedings which are pending. (iii) For a period of six weeks from today, the Respondent No.2 shall

WP(L) 1385-15.doc not part with possession or create any third party right in respect of the subject flat.

2.

The Petition is disposed of in the aforesaid terms. (A.A.SAYED, J.)