M/S S And M Enterprises Thr Its ... vs The Palazzo Building No 1 C.H.S.L ...
2022 Latest Caselaw 10846 Bom

Shivgan                                           1/2                31-WP-12297-22


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION
            WRIT PETITION NO.12297 OF 2022


M/s. S and M Enterprises
THR Its Partners                                               .....Petitioners
  V/s.
The Palazzo Building No.1 CHSL
THOU Its Chairman Kamlesh H. Jagtap                            ....Respondent

                                          -----

Mr. Sumit Kothari, Advocate for the Petitioner.
Mr. P.V.Nelson Ranjan, AGP for the respondent-State.
Mr. S.S.Panchpor with Mr. Mayur Jadhav for R.No.1.

                                  CORAM : SANDEEP K. SHINDE, J.

DATED : 17TH OCTOBER, 2022.

P.C. :

1. Petitioners would contend that Sub-registrar Haveli-

20-Respondent No.3 has registered uni-lateral instrument as

deemed conveyance without following mandatory requirements

under Section 11(5) of the Maharashtra Ownership Flats

(Regulation of the Promotion of Construction, Sale, Management

and Transfer) Act, 1963 ('MOFA' Act for short). Petitioners rely

on the judgments of this Court in the case of Kashish Park

Reality Pvt. Ltd. and Anr. v. State of Maharashtra and

Ors. 2021 (3) Mh.L.J.778.

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2                Learned counsel appearing for the Respondent No.1-

Society seeks time to file reply and decisions taking view

contrary to the view taken in Kashish Park (Supra).

3 Therefore, stand over to 21st December, 2022 for

further consideration.

4 In the meanwhile, respondent no.1 shall not create

third party right in the property in question

(SANDEEP K. SHINDE, J.)