Kanjur Co-Operative Housing Society Ltd (Federal) v. The State Of Maharashtra

26 1383.24.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1383 OF 2024 Kanjur CHS Limited (Federal)

...Petitioner

V/s.

The State of Maharashtra

...Respondent

Mr. Melvyn Fernandez i/by Deepak Jamsandekar for Petitioner. Mr. Mohit Jadhav, Additional GP a/w Mr. Manish Upadhye, AGP for Respondent Nos.1 to 5.

Mr. Jagannath S. Pawar for Respondent No. 6- Society., CORAM :

MADHAV J. JAMDAR, J.

DATE :

3rd September 2024 P.C. :

1.

By the present Writ Petition filed under Article 226 of the Constitution of India, challenge is to the legality and validity of Order dated 28th September 2011 passed by Respondent No.2 - District Deputy Registrar (2), Mumbai, by which the deemed conveyance has been granted.

2.

The present Writ Petition challenging the impugned Order dated 28th September 2011 is filed on 6th January 2023 i.e. after 12 years. The impugned Order shows that after hearing the present Petitioners the impugned Order is passed. Therefore, the Petitioners are aware about the said deemed conveyance proceedings. 1/2

26 1383.24.doc Dusane 3.

Learned Counsel for Respondent No.6- Society states that the impugned order has been implemented in the year 2012 and the deemed conveyance is registered in favour of Respondent No.6Society. 4.

It is settled legal position that the Order granting deemed conveyance does not conclude issue of right, title and interest regarding the subject immovable property.

5.

Accordingly, no interference in the impugned Order is warranted. The Writ Petition is dismissed, however, with no order as to costs.

(MADHAV J. JAMDAR, J.) 2/2