The petition challenged the omission of the petitioner's name from the deemed conveyance list. Respondent society admitted the petitioner's right and entitlement to the property via the registered conveyance. The petition was disposed of based on this admission.
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911-WP-8045-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8045 OF 2024
Amol Vijay Joshi ...Petitioner Versus Chinar Heights Co Op Soc Ltd And Ors ...Respondents
Mr. Shankar P. Thorat, with Mr. Gurunath B. Walawalkar, for the Petitioner.
Mr. Tejesh Dande, with Mr. Bharat Gadhavi & Mr. Aniket Shitole, i/b Tejesh Dande & Associates, for Respondent No.1.
Mr. S.D. Rayarikar, A.G.P. for the Respondent – State.
CORAM : AVINASH G. GHAROTE, J. DATE : 1st AUGUST, 2024
P.C.:
position was recorded on 30.7.2024,
ARUN
RAMCHANDRA SANKPAL
Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2024.08.01 19:38:15 +0530
“1. The grievance of the petitioner, is that though the petitioner, was allotted ground floor and basement in the building constructed on plot C.T.S. No.33/9, Final Plot No.31+32/9, Erandvane, Pune, which is an admitted position by the learned counsel for the respondent No.1, in respect of which the respondent No.1 society had applied for deemed conveyance, the
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911-WP-8045-2024.doc
list of allottees, which is annexed with the deemed conveyance, does not figure the name of the petitioner. The only reason, why the name is deleted, is stated to be a suit pending between the petitioner and his sister, in which an order of injunction has been granted not to create third party interest. It is contended that such an order would not permit the respondent No.1 to delete the name of the respondent No.1 from the list of allottees and therefore, the respondent No.1 is required to be directed to execute the correction deed to the deed of deemed conveyance, to include the name of the petitioner, in respect of the property, which is allotted to him, as indicated in the table at Sr.No.1 (page 37).
2. Today, Mr. Tejesh Dande, learned counsel for the respondent
No.1-society, upon instructions submits that Deemed Conveyance
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911-WP-8045-2024.doc
includes the name of the petitioner, being a member of the society and property as described in row No.1 of the table at page 37, forms a part and parcel of the Deemed Conveyance dated 21.12.2023 as registered with the concerned Sub Registrar and therefore right, title and entitlement of the petitioner, vis-a-vis the said property stands admitted and secured.
(AVINASH G. GHAROTE, J.)
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Arun Sankpal
Amol Vijay Joshi
Chinar Heights Co Op Soc Ltd
State
Avinash G. Gharote
As recorded by the court registry
2 orders share this CNR
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