Dismissed

Gramdevi Devasthan and Ors. v. Gangotri Shopping Center Premises Co. Op Soc Ltd. and Ors.

Bombay HC1 Apr 2024WP/4879/2024

Case brief

AI extract

What is this about?

The High Court of Bombay noted that challenges to the validity of an order and lease expiry are substantive civil matters. The petitioners were granted permission to withdraw the writ petition to raise contentions before the Civil Court.

What did the court decide?

Permission granted to withdraw the writ petition with liberty to raise all contentions before the Civil Court.

Gramdevi Devasthan and Ors. Vs Gangotri Shopping Center… — Property and Title | Bombay HC (2024)

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SHABNOOR AYUB PATHAN Digitally signed bySHABNOOR AYUBPATHAN Date: 2024.04.0118:16:57 +0530

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Shabnoor

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.4879 OF 2024

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Gramdevi Devasthan & Ors … Petitioners V/s. Gangotri Shopping Center Premises Cooperative Society Ltd. & Ors … Respondents

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Mr. Anil D’souza a/w Mr. Yogesh Rawool a/w Mr. Shailesh Redekar a/w Mr. Nitin Bhoir i/by Ms. Vidhisha Legal, for Petitioners.

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Mr. S. D. Rayrikar, AGP for State/Respondent Nos.3 to 5.

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Mr. Rammani Upadhyay a/w Mr. Matiew John, for Respondent No.1.

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CORAM : AMIT BORKAR, J.

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DATED : APRIL 1, 2024

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P.C.:

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According to the petitioners, though on the date of execution of agreement in favour of purchasers by the promoter, there was valid subsisting lease. However, on the date of passing of the impugned order, the lease period in favour of the promoter was not over. In absence of permission under Section 36A of the Maharashtra Public Trusts Act, 1950, such order passed by the Competent Authority is void. Learned Advocate for the petitioner submits that as of today lease agreement is not made.

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In my opinion, it will be open for the petitioners to raise such contention before the Civil Court as it has been consistently held by this Court that the effect of unilateral deemed conveyance is to confer rights of the promoter on the purchaser and what rights are conferred in favour of the purchaser need to be decided in a substantive Civil Suit filed at the instance of aggrieved party.

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Faced with this situation learned Advocate for the petitioner, on instructions, seeks permission to withdraw the present writ petition with liberty to raise all the contentions in a suit to be filed before the Civil Court.

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Permission, as prayed for, is granted.

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All contentions are kept open to be agitated before the Civil Court, the writ petition is permitted to be withdrawn with liberty as prayed for.

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(AMIT BORKAR, J.)

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Gramdevi Devasthan and Ors. v. Gangotri Shopping Center Premises Co. Op Soc Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Gramdevi Devasthan and Ors. v. Gangotri Shopping Center Premises Co. Op Soc Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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