M/S S AND M ENTERPRISES THR ITS PARTNERS vs THE PALAZZO BUILDING NO 1 C.H.S.L THOU ITS CHAIRMAN KAMLESH H JAGTAP

Judgment text excerpt

4. CIVIL WP-12297-22.docx Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12297 OF 2022 M/s. S & M Enterprises .. Petitioner Versus The Palazzo Building No. 1 CHSL & Ors .. Respondents ....................  Mr. G.S. Godbole, Senior Advocate a/w Mr. Sumit Kothari, Advocates for Petitioner  Mr. S.S. Panchpor a/w Mr. Aashay Rabade, Ms. Pradnya Borhade and Mr. Shyam Taori, Advocate for Respondent No. 1  Mr. Hamid Mulla, AGP for Respondent Nos. 2 and 3 - State ................... CORAM : MILIND N. JADHAV, J. Reserved on : JULY 15, 2025 Pronounced on : JULY 28, 2025 JUDGMENT: 1. Present Writ Petition takes exception to the order dated 17.06.2022 passed by the District Deputy Registrar, Pune in Application No.466 of 2021 filed by Respondent No.1 – Society under Section 11(3) of the the Maharashtra Ownership Flats (Regulation of the promotion of Construction, Sale, Management And Transfer) Act, 1963 (for short ‘MOFA’). 2. By order dated 17.06.2022, the District Deputy Registrar, Pune allowed the Application filed by Respondent No.1 – Society and granted deemed conveyance in respect of the subject property bearing CTS No.1707(P) of C.S. No.1, Pune and Survey No. 256/1+1+1/2+2+3+4/1+4/2+5/1+5/2+6/1+6/2+6A/1+6A/2+ 1 of 34 4. CIVIL WP-12297-22.docx 7A+7B/1+7B/2/1/2 for land admeasuring 3422 square meters and constructed area of 3648 square meters out of total 3880 square meters originally situated in Village Hadapsar, Taluka Haveli and District Pune (for short "Suit property") in favour of Society which is admittedly owned by the Petitioner – Promoter / Developer. Pursuant to the above order Deemed Conveyance is also registered by Respondent No.1 - Society on 01.07.2022. Petition is filed on 12.10.2022. 3. Briefly stated facts ge