Louis Nicholas Fernandes v. Continental Towers Cooperative Housing Society Limited And ORS

31-wp6472-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6472 OF 2024 VAIBHAV RAMESH JADHAV by VAIBHAV RAMESH JADHAV Date: 2024.05.06 14:28:40 +0530 Louis Nicholas Fernandes ... Petitioner V/s.

Continental Towers Cooperative Housing Society Limited & Ors.

... Respondents Mr. Denzil D'Mello for the petitioner.

Mr. Hamid D. Mulla, AGP for the State.

Mr. Mahesh Mishra for respondent No.3.

CORAM

: AMIT BORKAR, J.

DATED : MAY 6, 2024 P.C.:

1.

On perusal of the judgment delivered in S. C. Suit No.3227 of 1997, it appears that the petitioner's claim as co-owner has been accepted. Hence, the petitioner was necessary party to the order of deemed conveyance issued under section 11 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963.

2.

Issue notice to respondent Nos.1 to 4, returnable on 24 June 2024.

3.

Till 24 June 2024, there shall be ad-interim relief in terms of prayer clause (c).

(AMIT BORKAR, J.)