Shree Ramkrishan Vivekanand ... vs M/S. Vastu Vikas Mandal And Ors
2021 Latest Caselaw 3428 Bom

                                                                  3-ia370-21.doc

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION


                    INTERIM APPLICATION NO.370 OF 2021
                                   WITH
                       WRIT PETITION NO.7878 OF 2018



      Shree Ramkrishnan Vivekanand Sanstha, Thane             ...Applicant

      IN THE MATTER BETWEEN :

      M/s.Vastu V. Mandal                                     ...Petitioner
                 V/s.
      The Competent Authority /
      District Registrar, Co-operative Society, Thane         ...Respondent


      Mr.S.M. Oak with Mr.Sagar A. Joshi for the Applicant.

      Mr.Vaibhav P. Patankar for the Respondent No.1.

      Mr.R.S. Datar with MrA.J. Kandarkar for the Respondent No.2.

      Mr.S.D. Rayrikar, AGP for the Respondent - State.

                                CORAM : R.D. DHANUKA, J.

DATE : 23RD FEBRUARY, 2021.

P.C. :-

1. By this interim application, the applicant seeks an order

and direction against the learned 2nd Joint Civil Judge (S.D.) Thane to

decide Regular Civil Suit No.40 of 2021 filed by the applicant raising

the issue of right, title and interest of the respondent no.2 in the land

described in prayer clause (a) of the interim application by relying

3-ia370-21.doc

upon the judgment of this Court in case of Angeline Pereira vs.

Suyog Industrial Premises (2018) 6 ALL MR 729.

2. Mr.Oak, learned counsel appearing for the applicant also

invited my attention to an order dated 22 nd February, 2021 passed by

M.S. Karnik, J. in Writ Petition No.10860 of 2017 clarifying that the

order on deemed conveyance shall not preclude or prevent the

petitioner from filing a suit and claiming therein appropriate reliefs.

3. The applicant herein was not a party to the said Writ

Petition No.7878 of 2018 decided by this Court on 14 th August, 2018

and also before the Competent Authority / District Deputy Registrar,

Co-operative Societies, Thane.

4. The applicant has filed a civil suit before the earned 2 nd

Joint Civil Judge (S.D.) Thane.

5. There is a consistent view taken by this Court that the

order of deemed conveyance does not preclude or prevent a party

against whom such order on deemed conveyance is passed by filing

a suit and claiming appropriate reliefs therein. It is clarified that the

said impugned order dated 22nd November, 2017 passed by the

Competent Authority which was the subject matter of Writ Petition

No.7878 of 2018 and the order and judgment delivered on 14 th

August, 2018 in Writ Petition No.7878 of 2018 would not preclude or

prevent the petitioner from filing a civil suit. If any issue of title arise in

3-ia370-21.doc

the said suit, the same shall be decided independently. It is made

clear that this Court has not expressed any views on the merits of the

suit filed by the applicant. All contentions on merits of the suit are

kept open.

6. The interim application is disposed of in the aforesaid

terms.

7. There shall be no order as to costs.

                                                    (R.D. DHANUKA, J.)
     Vasant             Digitally signed by
                        Vasant A. Idhol
                        Date: 2021.02.23
     A. Idhol           17:49:30 +0530