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Bombay High Court
Upadhyay Dairy Farm vs District Deputy Registrar, Co ... on 26 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P10.IAL.10662.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.10662 OF 2026
IN
COMMERCIAL SUIT (L) NO.41800 OF 2025
Upadhyay Dairy Farm and Anr. .. Applicants
IN THE MATTER OF:
Upadhyay Dairy Farm and Anr. .. Plaintiffs
Versus
District Deputy Registrar, Co-operative Housing
Societies, Mumbai City (4) and Ors. .. Defendants
....................
Mr. Amogh Singh a/w. Mr. Sarvesh Dixit, Advocates i/by D.P. Singh
for Applicants / Plaintiffs.
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 26, 2026
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
26.03.2026. Perused the praecipe.
2. Heard Mr. Singh, learned Advocate for Applicants /
Plaintiffs.
3. Mr. Singh informs the Court that after the Deemed
Conveyance order was granted Plaintiffs filed Writ Petition in this
Court and this Court was pleased to dispose of the Writ Petition by
order dated 13.10.2025 on the premise that there is no challenge in
effect to the area in the Deemed Conveyance order and liberty was
granted to Plaintiffs to file the Suit in case of reliefs prayed for. In that
view of the matter, he would submit that Suit has been filed. After
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P10.IAL.10662.2026.doc
going through the same, Plaintiffs have subsequently realised that
aforesaid fact of filing of Writ Petition and order passed by this Court
was inadvertently left out to be stated in the Suit plaint. Hence, he
would persuade the Court to allow Plaintiffs to amend the Suit plaint
to that extent. Draft amendment is given to the Court which is taken
on record and marked 'X' for identification. The same is allowed by
the Court in view of the aforesaid fact. Necessary amendment is
permitted as per the draft to be carried out forthwith. It is endorsed by
the Court. Reverification stands dispensed with.
4. Plaintiffs claim to be owner of a larger property. Larger
property comprises of building belonging to the Society and internal
road as also one temple which has been constructed by the Plaintiffs.
Grievance of Plaintiffs in the Suit proceeding is that there is one
internal road which leads to the temple and also to the adjoining plot
belonging to the Plaintiffs which is used by Plaintiffs since inception.
5. Mr. Singh draws my attention to MOFA Agreement
appended at page No.224 and specifically recital (B) thereof wherein it
has been expressly stated that Plaintiffs will be entitled to use the said
road in perpetuity as also benefits of the said temple will be available
to the Plaintiffs. I have perused the said recital.
6. The need and necessity to file the present Suit has arisen
because the Society has been issued a certificate of Deemed
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P10.IAL.10662.2026.doc
Conveyance order dated 29.07.2025 appended at Exhibit-P page
No.437 of the Suit and while the issuing the said order and certificate,
the aforesaid right of Plaintiffs has not been factored therein or
considered. Hence, apprehension is expressed that if the said Deemed
Conveyance is registered, the Society may in all probability preclude
and prohibit the use of said road and temple to the Plaintiffs.
7. In his usual fairness Mr. Singh would submit that the
Plaintiffs do not wish to challenge the order of Deemed Conveyance in
so far as the issue of area is concerned, and challenge is only to non-
inclusion of Plaintiffs rights to use the said road and temple. He would
apprise the Court that Deemed Conveyance draft has been exchanged
but has not been yet registered and hence he would persuade the
Court to halt the registration in the meanwhile so that the aforesaid
issue can be crystalised.
8. An arguable case has been made out by Mr. Singh for
issuance of notice to Respondents on the basis of aforesaid pleadings
and submissions which are prima facie seen from the Suit and Interim
Application.
9. Hence without the leave of the Court, the Deemed
Conveyance document shall not be registered since the Court would
like to ascertain and determine the above issue first.
10. Hence issue notice to Defendants.
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P10.IAL.10662.2026.doc
11. Humdast permitted. In addition to Court's notice,
Applicants / Plaintiffs is directed to serve the Defendants a copy of this
order, amended Interim Application and Commercial Suit and inform
about the next date of hearing by any permissible mode of service and
file appropriate affidavit of service with tangible proof thereof.
12. All parties to take cognizance of the server copy of this order.
13. Defendants are directed to file reply on receipt of
proceedings within a period of two weeks.
14. The Society need not worry since this is not an adversarial
litigation filed by the Plaintiffs challenging the area in Deemed
Conveyance and Plaintiffs have restricted their right only to the extent
as alluded to hereinabove.
15. Society shall apprise the Court on the next adjourned date.
16. Stand over to 08th April 2026. To be placed under the
caption 'For directions'.
17. Praecipe is disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.03.26
19:10:40 +0530
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