Shrishti Complex Sector-Iii Co-Operative Housing Societies Association Ltd. v. The Competent Authority And Dist Dey Registrar Of Co-Operative Societies, Thane And ORS
21.WP.10111.2024(1).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10111 OF 2024 WITH WRIT PETITION NO.10113 OF 2024 Srishti Complex Sector-III Co-Op.
Housing Societies Association Ltd.
....Petitioner
Versus
The Competent Authority & District Deputy Registrar Of Co-Op. Soc.Thane & Ors.
....Respondents WITH WRIT PETITION NO.5520 OF 2023 Eversmile Properties Pvt. Ltd.
....Petitioner
Versus
The Competent Authority & District Deputy Registrar Of Co-Op. Soc.Thane & Ors.
....Respondents Mr. Amogh Singh a/w. Mr. Santosh Pathak & Mr. Kailash Pathak i/b. M/s. Law Origin, for Petitioner in WP/10111/2024 & WP/10113/2024 and for Respondent Nos.6 & 7 in WP/10113/2024 and for Respondent Nos.2 & 3 in WP/10111/2024.
Mr. V.S. Nimbalkar, AGP for State in WP/10111/2024. Ms. Dhruti Kapadia, AGP for State in WP/10113/2024. CORAM: SOMASEKHAR SUNDARESAN, J.
DATE : NOVEMBER 28, 2025 ORDER :
1.
Learned Counsel for the parties have consensus on treating Writ Petition No.5520 of 2023 as the lead Petition in this matter. 2.
The Petitions impugn a Deemed Conveyance. The Developer, who is the Petitioner in Writ Petition No.5520 of 2023 and the Society Digitally signed by AARTI GAJANAN PALKAR Date:
2025.12.06 14:22:12 +0530 AARTI GAJANAN PALKAR NOVEMBER 28, 2025 Aarti Palkar
21.WP.10111.2024(1).doc which is the Petitioner in Writ Petition No.10113 of 2024 are aggrieved by the Deemed Conveyance. It is the grievance of the Society that the land which ought to have been conveyed to this Society has been conveyed to another society. In addition to the aforesaid grievance, the Developer submits that due process for obtaining the Deemed Conveyance has not been followed.
3.
The Petitioner-Society has also filed Writ Petition No.10111 of 2024 challenging the denial of Deemed Conveyance for the area of land which has been conveyed to another society in the same residence. 4.
Learned Counsel for the parties shall tender a structured note on submissions on their respective positions treating Writ Petition No.5520 of 2024 as the lead Petition and list the captioned Petitions for "For Final Hearing" on "December 12, 2025".
5.
Ad-interim arrangements, if any, obtaining as of today shall continue until the next date.
6.
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.
[ SOMASEKHAR SUNDARESAN, J.] NOVEMBER 28, 2025 Aarti Palkar