Baburao Raghunathrao Ghorpade ... vs Ghorpade Cooperative Housing ...
2021 Latest Caselaw 8660 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                              WRIT PETITION NO.2303 OF 2021



     Baburao Raghunathrao Ghorpade                        .... Petitioners
     since deceased, through his Heir
     & LR Vinay Baburao Ghorpade & Ors.

                      Vs.

     Ghorpade Co-operative Housing                      ....      Respondents
     Society Ltd. & Ors.


     Mr. Rajesh S. Datar for Petitioners.

     Mr. Prashant D. Jadhav a/w Ms. Vishakha Pandit a/w Mr. Dilip Ugade for
     Respondent No. 1.

                                         Coram : NITIN W. SAMBRE, J.

Date : 30th JUNE, 2021

P.C.:

1. Heard Mr. Datar, learned counsel appearing for the

Petitioners and Mr. Jadhav, learned counsel appearing for Respondent

No. 1.

2. The counsel appearing for Respondent No.1, on

instructions, informs that the orders of the authority, permitting

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deemed conveyance, which is impugned in the petition is taken to its

logical end and the documents of conveyance is already registered.

3. In the aforesaid backdrop, in my opinion, the remedy

available to the Petitioners is that of filing the suit. This issue is already

settled by the judgments of the Division Bench of this Court.

4. As such the petition stands disposed of with liberty to the

Petitioners to question the deemed conveyance in a suit proceedings.

5. The Counsel appearing for Respondent No. 1 in response to

the Court's query volunteers and undertakes to supply true copy of the

conveyance documents to Mr. Datar within a period of two weeks from

today, if required by email provided Counsel for the Petitioners makes

his email I.d. available.

( NITIN W. SAMBRE, J.)