Bombay High Court
Chairman/Secretary, Vighnaharta ... vs Shri. Anil Omprakash Kaushik on 7 February, 2024
Author: Sharmila U. Deshmukh
Bench: Sharmila U. Deshmukh
rsk 31-WP-10555-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10555 OF 2023
Chairman/Secretary, Vighnaharta Enclave C.H.S. ...Petitioner
Versus
Anil Omprakash Kaushik & Ors. ...Respondents
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Mr. Avinash H. Fatangare a/w. Mr. Sandesh V. Kate, Ms. Archana S.
Shelar for the Petitioner
Ms. M. J. Kajle, AGP for Respondent Nos.3 and 4.
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CORAM : SHARMILA U. DESHMUKH, J.
DATE : 7th FEBRUARY, 2024. P. C. :
1. By this petition the challenge is to the order granting membership to respondent No.1.
2. The contention of Mr. Fatangare, learned counsel appearing for the petitioner society is that the developer had constructed row houses and the purchasers of the row houses have formed the petitioner society. He would further submit that an open plot of land was sold by the developer to respondent No.1, which plot according to him is an open space/ common amenities space/ R. G. area and as such the ownership vests in the society and could not be sold. 1
rsk 31-WP-10555-23.doc
2. Mr. Fatangare, seeks some time to place on record copy of sanction plan to demonstrate that the open plot which has been sold by Respondent No.2-Developer to respondent No.1 is a common amenities space of the society.
3. At his request, stand over to 28th February 2024.
(SHARMILA U. DESHMUKH, J. ) Signed by: Rajeshwari S. Karve Designation: PA To Honourable Judge Date: 08/02/2024 12:14:46 2