Abdul Tawwab Naimuddin Khan And ORS v. Karam Nagari Phase Iii Chs Ltd. Thr Its Secretary And ORS

21-wp-5527-2026.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5527 OF 2026 Abdul Tawwab Naimuddin Khan & Ors.

... Petitioners V/s.

Karam Nagari Phase IV B CHS Ltd & Ors.

... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2026.04.27 16:54:19 +0530 SHABNOOR AYUB PATHAN WITH WRIT PETITION NO.5528 OF 2026 Abdul Tawwab Naimuddin Khan & Ors.

... Petitioners V/s.

Karam Nagari Phase III CHS Ltd Through Its Secretary & Ors.

... Respondents Mr. Akash Warang, for the Petitioners in both WPs. Mr. Karan M. Vaity, for Respondent No.1 in both WPs. Mr. A. A. Alaspurkar, AGP, for the State - Respondent Nos.9 to 10 in both WPs.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 27, 2026 P.C.:

1.

The petitioners claim to be persons in whose favour the original promoter/owner has conveyed a part of the property. However, the petitioners are not the persons who have constructed or caused the construction of the project in question.

21-wp-5527-2026.doc 2.

In view thereof, the petitioners cannot be termed as "promoters." The essential grievance of the petitioners pertains to the enforcement of their alleged civil rights. In such circumstances, it would be appropriate for the petitioners to institute a civil suit for enforcement of their rights.

3.

Hence, all questions raised in the present petitions are kept open to be agitated in appropriate civil proceedings. 4.

Both the petitions stand disposed of. No order as to costs. (AMIT BORKAR, J.)