[Cites 2, Cited by 0]
Bombay High Court
M/S. Byramjee Jeejeebhoy Pvt. Ltd. vs Firdous-E-Vaishali Hsg. Soc. Ltd. And ... on 14 January, 2026
Author: Amit Borkar
Bench: Amit Borkar
2026:BHC-AS:1515
12-wp-15622-2025.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.15622 OF 2025
SHABNOOR
AYUB M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
PATHAN V/s.
Digitally signed by
SHABNOOR AYUB
PATHAN Star Vaishali Cooperative
Date: 2026.01.14
15:51:40 +0530 Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.16004 OF 2025
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Unity Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.2205 OF 2023
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Sharyu Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.16900 OF 2025
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Yogi Vaishali Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.29535 OF 2019
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Satyam Shivam Cooperative ... Respondents
1
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12-wp-15622-2025.doc
Housing Society Limited & Ors.
WITH
WRIT PETITION NO.29537 OF 2019
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Gokhul Vaishali Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.16075 OF 2022
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Saraswati Vaishali Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.12734 OF 2022
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Vrandhavan Vaishali Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.14291 OF 2022
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Gomti Vaishali Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.13934 OF 2022
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Firdous-E-Vaishali
Housing Society Limited & Ors. ... Respondents
2
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12-wp-15622-2025.doc
WITH
WRIT PETITION NO.13932 OF 2022
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Snehal Vaishali Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.4707 OF 2022
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Vaishali Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.12738 OF 2022
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Kiran Vaishali Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.1715 OF 2021
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Ganga Vaishali Cooperative
Housing Society Limited & Ors. ... Respondents
WITH
WRIT PETITION NO.29524 OF 2019
M/s. Byramjee Jeejeebhoy Pvt. Ltd. ... Petitioner
V/s.
Sumit Vaishali Cooperative
Housing Society Limited & Ors. ... Respondents
3
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12-wp-15622-2025.doc
Mr. Mandar Bagakar i/b Chetan Patil, for the Petitioner.
Ms. Pooja Patil, AGP, for the State - Respondent No.19.
CORAM : AMIT BORKAR, J.
DATED : JANUARY 14, 2026
ORAL JUDGMENT:
1. Except Writ Petition No.15622 of 2025, the remaining
matters were not listed. I directed the remaining petitions be
placed on board.
2. All these petitions arise from the same set of facts and raise
similar issues of law. I find it appropriate to decide all of them by
this common judgment.
3. The petitioners' Advocate points out the judgment of this
Court in Writ Petition No.2205 of 2023. That matter involved
similar facts. He submits that these petitions can be decided in the
same manner. I find merit in this submission. I therefore pass the
following order.
4. The challenge in the present petitions is to the grant of
deemed conveyance by Respondent No. 18. The order granting
deemed conveyance was passed on 24th June, 2019, and the
conveyance deed has thereafter been duly registered in favour of
the respondent-society. The contentions raised by the learned
counsel for the petitioners, based on clauses of the agreement,
cannot be accepted, as the parties cannot contract out of statutory
12-wp-15622-2025.doc
obligations imposed under the Maharashtra Ownership of Flats
(Regulation of the Promotion of Construction, Sale, Management
and Transfer) Act, 1963. The issues regarding registration or
stamping of the agreement and the contention that construction of
the entire layout is pending stand sufficiently answered by the
Government Resolution dated 22nd June, 2018. The Competent
Authority has duly considered all relevant factors while granting
deemed conveyance.
5. In exercise of powers under Article 227 of the Constitution of
India, this Court is not inclined to entertain the present petitions. It
is open to the petitioners to institute an appropriate civil suit
seeking adjudication of their right, title, and interest in the
property, as settled by a catena of decisions.
6. In light of above, all the Petitions stand disposed of with
liberty to the Petitioners to adopt appropriate remedy by filing civil
suit if so advised.
7. All right and contentions of all parties are expressly kept
open.
8. In event civil suit is filed, Civil Court to decide the same on
its own merits and uninfluenced by the fact that deemed
conveyance is granted in favour of the Respondent-society.
9. All petitions stand disposed of with the said liberty.
(AMIT BORKAR, J.)
