Disposed

Kailashprasad S. Malpani v. Shiv Darshan Satyanagar Chs Ltd. and 10 Ors.

Bombay HC13 Apr 2023WP/1666/2021

Case brief

AI extract

What is this about?

Two writ petitions filed for deemed conveyance of housing society buildings were disposed of. The High Court set aside impugned orders and remanded them to authorities, directing expedited decision-making within eight weeks and keeping all party contentions open.

What did the court decide?

Impugned orders set aside; matters remanded to Authorities to decide deemed conveyance applications expeditiously within eight weeks.

Kailashprasad S. Malpani Vs Shiv Darshan Satyanagar Chs… — Property and Title | Bombay HC (2023)

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MUGDHAM Digitallysigned byMUGDHAMPARANJAPE PARANJAPE Date:2023.04.1710:22:33+0530

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1 12-WP 1666-21 & 13-WP 732-22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1666 OF 2021

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Kailashprasad S. Malpani … Petitioner

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Vs.

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Shiv Darshan Satyanagar CHS Ltd. & Ors. … Respondents

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AND

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WRIT PETITION NO.732 OF 2022

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Kailashprasad Satyanarayan Malpani … Petitioner Vs.

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Indraprastha Aakash Co-op. Hsg. Soc. Ltd. & Ors. … Respondents

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Writ Petition No.1666 of 2021

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Mr. Atul Damle, Senior Advocate a/w Mr. Pierre Fernandes i/by Mr. Ivor Peter D’Cruz for the Petitioner.

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Mr. Dhaval A. Patil i/by M/s. K. Ashar & Co. for Respondent Nos.1 & 2.

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Ms. Yogita Kanojia i/by Mr. Ashish Dubey for Respondent Nos.3 and 4.

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Mr. Hemant Haryan, AGP for Respondent No.11-State.

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Writ Petition No.732 of 2022

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Mr. Uday Bhanu Sinh a/w Mr. Pierre Fernandes i/by Mr. Ivor Peter D’Cruz for the Petitioner.

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Mr. Dhaval A. Patil i/by M/s. K. Ashar & Co. for Respondent Nos.1 to 4.

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Mr. Hemant Haryan, AGP for Respondent Nos.12 and 13-State.

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CORAM : ARIF S. DOCTOR, J. DATE : 13TH APRIL 2023

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Mugdha

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1 of 3

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2 12-WP 1666-21 & 13-WP 732-22.doc

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P.C. :

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By consent, the impugned orders in both Writ Petitions are set aside and sent back to the concerned Authorities.

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However, since the buildings of the Respondent-Society are in dilapidated condition, it is requested that the Authorities decide the Application for Deemed Conveyance as expeditiously as possible, preferably within eight weeks from the date of this order. All parties shall co-operate and not seek an adjournment before the Authority on the days fixed for hearing.

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It is made clear that all rights and contentions of all parties are kept open including whether there has been compliance with the Government Resolution dated 22nd June 2018.

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Additionally, in Writ Petition No.732 of 2022, it is made clear that the copies of all relevant papers and proceedings shall be served upon learned Counsel for the Petitioners as expeditiously as possible. The Petitioners are granted a period of one week from the date of service to file their respective Replies.

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Mugdha

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2 of 3

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3 12-WP 1666-21 & 13-WP 732-22.doc

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In Writ Petition No.732 of 2022, the Affidavit of Service of the

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Respondent-State is taken on record.

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With these directions, the Writ Petitions are disposed of

accordingly.

(ARIF S. DOCTOR, J.)

Mugdha

3 of 3

Kailashprasad S. Malpani v. Shiv Darshan Satyanagar Chs Ltd. and 10 Ors.

Case brief

What is this about?

What did the court decide?

Kailashprasad S. Malpani v. Shiv Darshan Satyanagar Chs Ltd. and 10 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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