MR. SACHIN MALPANI AND ORS vs MR. NILAM PATIL AND ORS

Judgment text excerpt

1.WP.9179.2022.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9179 OF 2022 Sachin Malpani and Ors. .. Petitioners Versus Nilam Patil and Ors. .. Respondents ....................  Mr. Atul Damle, Senior Advocate a/w. Mr. Vaibhav Kulkarni, Mr. Prathamesh Deshpande, Ms. Disha Rathod and Mr. Yash Agarwal, Advocates for Petitioners.  Ms. Khushnumah Banerjee i./by Vidhii Partners for Respondent Nos.1 to 5.  Ms. P.J. Gavhane, AGP for Respondent Nos.10 & 11 – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 04, 2025. JUDGEMENT: 1. Present Writ Petition takes exception to order dated 13.05.2022 passed by the Co-operative Court, Pune by which Appeal No.01 of 2021 filed by Petitioners under Section 16B of the Maharashtra Apartment Ownership Act, 1970 (for short “the Apartment Act”) was dismissed. 2. Brief facts germane for adjudication of the present Petition are as follows:- 2.1. The subject property from which dispute in the present Petition emanates is ‘Treasure Park’ which is a registered condominium of 11 buildings namely building ‘A’ to building ‘K’ comprising of 356 1 of 17 1.WP.9179.2022.doc apartments registered under the Apartment Act. A Deed of Declaration dated 29.07.2011 was executed and registered subjecting the property to the provisions of the Apartment Act and also a Supplementary Deed of Declaration dated 31.05.2017 was executed and registered for additional construction. Deed of Apartment has been executed in consonance with the Deed of Declaration with each apartment owner. 2.2. According to Petitioners, in the condominium as per the resolutions passed by the General Body, maintenance charges were charged equally to all apartment owners irrespective of the area of their flat or their undi