The High Court clarified that an order of deemed conveyance does not affect the substantive civil rights of a co-owner. The petitioner is permitted to file a civil suit to enforce rights against the society, and the writ petition is disposed of.
The writ petition stands disposed of. No costs awarded to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
16-wp897-2024.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.897 OF 2024
ATUL GANESH KULKARNI Digitally signed byATUL GANESHKULKARNI Date: 2024.01.2414:53:36 +0530
Kamlakar Shivram Pawar… Petitioner
V/s.
The State of Maharashtra & Ors.… Respondents
Mr. Prashant P. Kulkarni for the petitioner.
Ms. V.S. Nimbalkar, AGP for respondent Nos.1, 2 &
6/State.
CORAM :AMIT BORKAR, J.
DATED:JANUARY 24, 2024
P.C.:
1.The petitioner claims to be co-owner of the property in
relation to which the Competent Authority under Section 11 of the
Maharashtra Ownership of Flats Act, 1963 has passed order of
deemed conveyance.
2.According to the petitioner, he has terminated development
agreement with the developer and also filed first information
report against the developer. According to him, occupation
certificate of the building has not been granted by the Municipal
Corporation. All these facts were pointed out to the Competent
Authority. The Competent Authority without considering the said
contentions directed issuance of deemed conveyance in favour of
the society formed by the purchasers.
1
16-wp897-2024.doc
3.The law on the point of scope against an order directing
deemed conveyance has been settled by the judgment of this Court
in Mazda Construction Company & Ors. v. Sultanabad
Darshan CHS Ltd. & Ors., reported in 2012 SCC OnLine Bom
1266. In view of said pronouncement of co-ordinate Bench of this
Court, it is clarified that grant of deemed conveyance in favour of
the society formed by the purchasers shall not affect substantive
civil rights of the petitioner and it shall be open for the petitioner
to file civil suit for enforcement of all rights which the petitioner is
claiming against the society.
4. With this clarification, the writ petition stands disposed of. No costs.
(AMIT BORKAR, J.)
2
2 issues framed by the court
Whether an order directing deemed conveyance under Section 11 of the Maharashtra Ownership of Flats Act, 1963 affects the substantive civil rights of a co-owner who has terminated the development agre
Whether a petitioner can file a civil suit for enforcement of rights against the society even after a deemed conveyance order is granted.
Colour shows how this judgement treated each authority
Mazda Construction Company & Ors. v. Sultanabad Darshan CHS Ltd. & Ors.Referred¶3
2012 SCC OnLine Bom 1266 · Who else cites this
1 provisions across 1 enactments
Kamlakar Shivram Pawar
The State of Maharashtra
AMIT BORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court