Disposed

Seetai Corner Co-Operative Housing Society Ltd. v. Popat Ganpat Dagade and Ors.

Bombay HC19 Jan 2023WP/3525/2021

Case brief

AI extract

What is this about?

The High Court expedited a special civil suit between a housing society and developers, mandating final disposal within 12 weeks. It directed the adjudication to ignore prior stays or observations in connected writ petitions and required the developer to subjugate sale agreements to the society's disputed rights.

What did the court decide?

Special Civil Suit No.558 of 2020 expedited for final disposal within 12 weeks; new Respondent No.8 impleaded; Trial Court directed to ignore prior stays/observations in writ petitions.

Seetai Corner Co-Operative Housing Society Ltd… — Municipal and Town Planning | Bombay HC (2023)

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201.wp.3525.21.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3525 OF 2021

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Seetai Corner Co-operative Housing Society Ltd...Petitioner
Versus

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Popat Ganpat Dagade and Ors...Respondents

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WITH

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WRIT PETITION NO. 1513 OF 2019

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Popat Ganpat Dagade and Ors...Petitioners

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Versus

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Sitai Sahakari Gruharachana Sanstha Maryadit
Through Mr. Parag Joshi and Anr...Respondents

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Dr. Abhinav Chandrachud a/w. Mr. Pawan S. Patil, Advocates for Petitioner in WP No.3525/2021 and for Respondent No.1 in WP No.1513/2019.

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Mr. Vishwajit P. Sawant, Senior Advocate a/w. Mr. Rohan Savant, Mr. Nilesh Dagade, Mr. Nikhil Patil, Mr. Veerdhaval Kakade and Ms. Priyanka Ved, Advocates i/by Mr. Prabhakar M. Jadhav for Respondent Nos.1 to 5 & 8 in WP No.3525/2021 and for Petitioner in WP No.1513/2019.

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Mr. S.H. Kankal, AGP for State.

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CORAM :MILIND N. JADHAV, J.

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DATE:JANUARY 19, 2023.

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P.C.:

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1. Heard the learned Advocates / Senior Advocate appearing

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for the respective parties for some time.

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2. Leave to amend to implead Respondent No.8 – M/s.

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Venkateshwara Vastu Purti LLP Designated partner Mr. Nitin B.

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Kulkarni, the Developer on the balance portion of the subject land.

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201.wp.3525.21.doc

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Amendment to be carried out forthwith.

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3. Mr. Sawant, learned Senior Advocate would submit that he has instructions to appear for newly added Respondent No.8 i.e. M/s. Venkateshwara Vastu Purti LLP Designated partner Mr. Nitin B. Kulkarni, the Developer who has been appointed by his clients.

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4. In the meanwhile, considering the fact that Civil Suit filed by the Petitioner – Society under the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 for injunction and a declaration not to alter the original plans is pending before the learned Trial Court, both the parties are ad idem that the said suit is proceeded with expeditiously shall determined the outcome of the lis between them.

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5. In that view of the matter, both the learned Advocates have taken instruction and submit that if the Suit be decided within a time bound programme. The instructions of both the learned Advocates is fair.

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6. Hence, the following order:-

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(i) Special Civil Suit No.558 of 2020 pending before the

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learned Trial Court is expedited and the same shall be
finally decided within a period of twelve (12) weeks
from today;

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201.wp.3525.21.doc

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(ii) Both parties to the Suit shall co-operative and ensure that no adjournment are taken and the learned Trial Court shall grant adjournment to the parties only if necessary and ensure disposal of the Suit as directed above and if so required on the day to day basis;

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(iii)Both parties shall appear on 20th January, 2023 at
12:00 noon with a copy of this order before the learned
Trial Court for fixing the schedule for hearing of the
Suit by the learned Trial Court as per his convenience;

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(iv)The newly added Respondent No.8 i.e. M/s.
Venkateshwara Vastu Purti LLP Designated partner Mr.
Nitin B. Kulkarni is directed to incorporate in the
agreement for sale of the flats which shall be sold after
today that the rights of the proposed flat purchasers in
the building under construction shall be subject to the
rights of the Society as determined in the pending
Special Civil Suit No.558 of 2020;

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(v) Needless to state that the Developer i.e. proposed Respondent No.8 shall also not claim any equity and shall abide by outcome of the decision in the Suit;

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(vi) The learned Trial Court shall not be influenced by any

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observations made by the learned Trial Court in its
order dated 19.06.2021 as also in its order dated

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201.wp.3525.21.doc

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09.11.2020 under Exhibit-5;

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(vii) If the Petitioner makes an Application for impleadment of Respondent No.8 i.e. M/s. Venkateshwara Vastu Purti LLP Designated partner Mr. Nitin B. Kulkarni in the Suit, the same shall be decided immediately and as expeditiously as possible by the learned Trial Court;

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(viii)The learned Trial Court shall not be influenced by the stay granted by this Court in Writ Petition No.1513 of 2019;

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(ix) The learned Trial Court shall determine the Suit without being influenced by the order passed in the deemed conveyance as also the stay granted in the said Writ Petition;

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(x) The learned Trial Court shall not be influenced by any of the observations made by this Court in Writ Petition No.3525 of 2021.

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7. Writ Petition No.3525 of 2021 is disposed of. Liberty to

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apply.

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8. List the Writ Petition No.1513 of 2019 on Board on 06^th June, 2023 .

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[ MILIND N. JADHAV, J. ]

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Digitally signed by AJAY AJAY TRAMBAK TRAMBAK UGALMUGALE UGALMUGALE Date: 2023.01.19 19:05:51 +0530

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Seetai Corner Co-Operative Housing Society Ltd. v. Popat Ganpat Dagade and Ors.

Case brief

What is this about?

What did the court decide?

Seetai Corner Co-Operative Housing Society Ltd. v. Popat Ganpat Dagade and Ors.

Case brief

What is this about?

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