Shivmati Builders And ORS v. Chairmant/Secretary Shivmati Cooperative Housing Society Ltd And ORS

42-wp-5217-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5217 OF 2024 Shivmati Builders & Ors ... Petitioners V/s.

Chairmant/Secretary Shivmati Cooperative Housing Society Ltd & Ors ... Respondents SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2024.04.18 12:21:22 +0530 Mr. Sandesh Patil i/by Mr. Prithviraj S. Gole, for Petitioners.

Mrs. D. S. Deshmukh, AGP for State/Respondent. Mr. Nimesh Bhat, for Respondent No.6.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 17, 2024 P.C.:

1.

Since, an earlier conveyance was executed in favour of respondent No.1/Society. However, by subsequent order, the Competent Authority under Section 11(3) of the Act has passed a fresh order. Such course is not permissible in view of judgment of this Court in Writ Petition (ST) No.93044 of 2020, in the case of Kashish Park Reality Private Limited & Anr. Vs. The State of Maharashtra & Ors. Hence, ad-interim relief in terms of prayer clause (b).

2.

Stand over to 30 April 2024.

(AMIT BORKAR, J.)