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Bombay High CourtWP/1496/2026dismissed

Namdev Tukaram Shinde v. The State Of Maharashtra And Others

2026-02-10Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Shri Justice Hiten S. Venegavkar1 pages

2-wp1496-2026.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1496 OF 2026 Geeta Girish Nair and Anr.

... Petitioners V/s.

The State of Maharashtra and Ors.

... Respondents Mr. Hemant Ghadigaonkar, for petitioner.

Mrs. Pooja Patil, AGP for the State.

Mr. Nikhil Patil, for respondent Nos. 3 & 5.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 4, 2026 P.C.:

1.

Rule. Rule is made returnable forthwith.

2.

The petition arises out of an interlocutory order passed in proceedings wherein the purchaser of the flat filed an application before the Registrar seeking a direction to the housing society to grant a no-objection for mortgaging the flat in question. The respondent-society states that is has already issued a no dues certificate in respect of the said flat.

3.

On perusal of the record and having regard to the scope of the original proceedings, in my opinion, the petitioner, being the seller of the flat, is not a necessary party to the said proceedings. Hence, the Rule is made absolute in terms of prayer clause (a). 4.

The writ petition stands disposed of. No costs. (AMIT BORKAR, J.)