Om Kalpataru Co Operative Housing Soc Ltd v. N K T Builders Pvt Ltd Thr Maganlal Thakker And ORS

15-wp6633-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6633 OF 2024 Om Kalpataru Coop. Hsg. Soc. Ltd.

... Petitioner V/s.

NKT Builders Pvt. Ltd., through Maganlal Thakker & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2024.05.07 14:32:32 +0530 ATUL GANESH KULKARNI Mr. Kishor Patil i/by Mr. Pratik B. Rahade for the petitioner.

Mrs. V.R. Raje, AGP for respondent No.3 - State. CORAM : AMIT BORKAR, J.

DATED : MAY 7, 2024 P.C.:

1.

Prima facie it appears that the property agreed to be conveyed in favour of Association of purchasers was plot No.283 and 287 ad-measuring 8936 and 7404 sq. mtrs. or equivalent. However, during pendency of the suit between the owner and tenants the conveyance is directed to be executed regarding area ad-measuring 3558.22 sq. mtrs. from Final Plot No.212. 2.

Hence, issue notice to respondent Nos.1 and 2, returnable on 24 June 2024.

(AMIT BORKAR, J.)