Allowed

The Dheeraj Gaurav Heights v. M/S. Saphire Land Development Private Limited and Ors.

Bombay HC4 Mar 2024WP/5260/2017

Case brief

AI extract

What is this about?

The High Court granted leave to the petitioner to withdraw an application for deemed conveyance under the Maharashtra Ownership Flats Act, 1963. The impugned order granting the application was quashed, and the petitioner was given liberty to agitate the grievance in a pending civil suit.

What did the court decide?

Leave to withdraw Application No. 14 of 2016 and liberty to agitate contentions in pending Civil Suit No. 2318 of 2009; impugned order quashed.

The Dheeraj Gaurav Heights Vs M/S. Saphire Land… — Property and Title | Bombay HC (2024)

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Digitally signed by VARSHA VARSHA VIJAY VIJAY RAJGURU RAJGURU Date: 2024.03.06 14:30:51 +0530

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13-wp-5260-2017.doc

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varsha

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 5260 OF 2017

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The Dheeraj Gaurav Heights … Petitioner

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vs.

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M/s. Saphire Land Development Private … Respondents Limited and Ors

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Mr. Mukesh Vashi, Senior Advocate alongwith Panthi Desai, i/b. M/s. M.P. Vashi and Associates, for Petitioner.

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Ms. Mehek Chowdhary i/b. Jhangiani, Narula and Associates for Respondent No.3.

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Mr. Syed Ahmed, for Respondent No.5.

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Mrs. M.S. Bane, AGP for the State.

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CORAM : GAURI GODSE, J. DATED : 4^th MARCH, 2024

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P.C. :-

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Learned Senior Counsel appearing for the petitioner on instructions seeks leave to withdraw the application filed by the petitioner under section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, for grant of deemed conveyance with liberty to agitate the grievance and contentions of the petitioner in

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the pending Civil Suit which is already filed by the petitioner.

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Leave granted with liberty as prayed. Hence, the petition is disposed of by passing following order:

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Page no. 1 of 2

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13-wp-5260-2017.doc

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I) Petitioner is granted leave to withdraw the Application No. 14 of 2016, which was filed before respondent no.7. Consequently, the order impugned in the petition passed on 18^th August 2016, by the Competent Authority on the said application would not survive and hence, quashed and set aside.

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II) Petitioner is at liberty to agitate the grievance and contentions in the said Application No. 14 of 2016, in the pending Civil Suit No. 2318 of 2009, before this Court, which is filed by the petitioner.

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It is clarified that, I have not examined the rival contentions of

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the parties on merits. Hence, all contentions of all parties are kept open.

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Writ petition is disposed of in the above terms.

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(GAURI GODSE, J.)

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Page no. 2 of 2

The Dheeraj Gaurav Heights v. M/S. Saphire Land Development Private Limited and Ors.

Case brief

What is this about?

What did the court decide?

The Dheeraj Gaurav Heights v. M/S. Saphire Land Development Private Limited and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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