Bina Bhatia v. Divyalok Co Operative Housing Society Ltd. And 2 ORS.
DTG 3-Wp-409-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 409 OF 2026 Bina Purshotam Bhatia ... Petitioner V/s.
Divyalok Co-operative Housing Society Ltd. & Ors. ... Respondents _______________________________________ Ms. Indira Labde for Petitioner.
Mr. Abhishek Sawant a/w Mr. Ameet Mehta, Ms. Sheetal Pandya and Mr. Harsh Shinde i/b M/s. Solicis Lex for Respondent No.2. Smt. Manisha Gawde, A.G.P. for Respondent-State. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.
DATE : 13th March 2026 P.C. :
1) By this Petition under Article 226 of the Constitution of India, Petitioner is seeking a writ or a direction in the nature of mandamus, directing Respondent No.3 to rectify Index II of the Gift Deed dated 26th March 2022. 2) As per the Gift Deed dated 26th March 2022, Purshottam Jamnadas Chandrapota alias Bhatia has gifted the flat No. 902 situated in Divyalok Cooperative Housing Society Limited, 320, L.D. Ruparel Marg, Malabar Hill, Mumbai - 400 006; to the Petitioner, the daughter of the said Doner. 3) It is the case of the Petitioner that, despite there being a registered Gift Deed in her favour, by her father, the Revenue Authorities are reluctant to incorporate her name in Index II of the revenue record, as the Respondent No.2 is raising objection for it.
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DTG 3-Wp-409-2026.doc 4) Mr. Sawant, learned counsel appearing for Respondent No.2 submitted that, Respondent No.2 is also a daughter of Purshottam Jamnadas Chandrapota alias Bhatia. That, Respondent No.2 is in process of challenging the said Gift Deed before the Civil Court having jurisdiction. 5) In view of the deliberation in the Court, learned APP on instructions from Mr. Krushna Khatal, Joint Sub Registrar, Mumbai City-I, submitted that, the name of the Petitioner has been recorded in the revenue record. A photocopy of the communication dated 11th March 2026 received by her along with a photocopy of Index II of the concerned property is produced on record.
6) In view of the above, grievance of the Petitioner is redressed and nothing further survives in the Petition at this stage. 6.1) Petition is accordingly allowed in the aforesaid terms. 7) It is made clear that, we have not adjudicated upon the dispute inter se between the Petitioner and Respondent No.2. In the event, either of the parties approaches the Civil Court for adjudication of their dispute, the said dispute will be independently decided as per the provisions of law and without being influenced by the fact that, the name of the Petitioner is recorded in the revenue records under this Order.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) 2/2