M/S. Chaitanaya Builders And Ors vs District Deputy Registrar And Ors
2022 Latest Caselaw 8451 Bom

                                            27.WPNo.100512022.doc

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

             CIVIL APPELLATE JURISDICTION

             WRIT PETITION NO. 10051 OF 2022

M/s. Chaitanaya Builders & Ors. ...        Petitioners
      Versus
District Deputy Registrar & Ors. ...       Respondents


Ms. Kruti Bhavsar, Advocate for the Petitioners.

Mrs. P. N. Diwan, AGP for the Respondents/State.

Mr. Sandeep Maurya i/b. Ms. Simran Vishwakarma,
Advocate for Respondent No.2.


                         CORAM:    S.V. GANGAPURWALA &
                                   MADHAV J. JAMDAR, JJ.

DATED : AUGUST 26, 2022

P.C.

1. The learned Advocate for the respondent No.2 submits that the petitioner can fle a civil suit. According to the petitioners, the principle of natural justice are not followed. The Firm was not a party. Only partner was a party in his personal capacity. The arguments are advanced by learned Advocate for the petitioner that the Firm was added subsequently. The opponent No.3 before the District Deputy Registrar was in his personal capacity. The opportunity was not given to the Firm.

2. We cannot comprehend the argument of the petitioner. The opponent No.3 is partner of opponent No.5 Firm. The partners of opponent No.5 Firm are related to each other.

Gaikwad RD 1/2

27.WPNo.100512022.doc

The present petition is fled by the Firm and partner including opponent No.3. The contention of the opponent No.3 is considered in the order. The same are jotted down in paragraph 12. The opponent No.3 was represented by the lawyer before the District Deputy Registrar.

3. This Court has consistently held that the civil suit can be fled and the deemed conveyance would be subject to the decision in the civil suit. Reference can be had to the judgment of Division Bench of this Court in Tirupati Shopping Centre Premises Co-op. Society Limited v. Shabayesha Construction Company Private Limited1. The petitioners may take steps as may be permissible under law.

4. With the aforesaid observations, the writ petition is disposed of.

                          (MADHAV J. JAMDAR, J.)                            (S.V. GANGAPURWALA, J.)

             Digitally
             signed by
             RAJU
RAJU         DATTATRAYA
DATTATRAYA   GAIKWAD
GAIKWAD      Date:
             2022.08.30
             11:09:50
             +0530




                          1    W.P.(St.)No.9105 of 2021 dtd. 22nd April 2021.

                          Gaikwad RD                                                                      2/2