Bombay High Court
Om Shakuntal Co-Op. Housing Society Ltd vs M/S. Patel Wood Works And Timber Mart And ... on 19 July, 2022
Author: Abhay Ahuja
Bench: Abhay Ahuja
5. WP 2578-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2578 OF 2020
Om Shakuntal Co-Op. Housing Society Ltd. .. Petitioner
V/s
M/S. Patel Wood Works and
Timber Mart And Anr .. Respondents
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Mr. Suhas oak i/b Mr. Sagar Anant Joshi for Petitioner.
Mr. Satish Joshi i/b Mr. Rajeev R Sharma for Respondent no.1.
*******
CORAM: ABHAY AHUJA, J.
DATE : 19th JULY, 2022 P.C. :-
1. By this Petition, Petitioner is aggrieved by an order dated 19th November, 2019 passed by the Competent Authority and District Deputy Registrar, Co-operative Societies, Thane, rejecting the application of Petitioner for deemed conveyance.
2. Learned counsel for the Petitioner-Society submits that the Competent Authority has rejected the application inter alia on the basis that a suit is filed by Respondent No.1 against Nikita Gadgil 1/2
5. WP 2578-20.odt Respondent No.2 and the Petitioner. He submits that the same is not tenable, in view of the decision of this Court in Writ Petition No. 4683 of 2014 dated 6 th February, 2020 in case of Mr. Subhash Ramchandra Navar & Anr Vs. Mr. Premji Meghji Ramb ia & Ors. (Coram: C. V. Bhadang, J), where it has been held that the execution of a deemed conveyance on the basis of the certificate granted by the Competent Authority will be subject to the outcome of a civil suit.
3. Learned counsel submits that, therefore, even during the pendency of the civil suit, the deemed conveyance can be executed. He submits that therefore the order passed by the Competent Authority deserves to be set aside.
4. Having heard the learned counsel for the Petitioner, issue notice to the Respondent, returnable on 17 th August, 2022. Mr. Satish Joshi, learned counsel waives service of notice on behalf of Respondent No. 1
5. List on 17th August, 2022.
Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL (ABHAY AHUJA, J.) GADGIL Date:
2022.07.20 10:37:41 +0530 Nikita Gadgil 2/2