MILAN CO-OP. HSG. SOCIETY LTD., REPR. URMILA KAREKAR vs THE PUNE MUNICIPAL CORP. AND ANR

Judgment text excerpt

1-SA-1400-2005.doc varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 1400 OF 2005 Milan Cooperative Housing Society ) Limited, Pune ) a society established and registered ) under the M.C.S. Act, 1960 ) vide its Registration No. PNA/HSG 437 ) and having its registered officed at ) Survey No. 1333, H. No. 5A+ ) 6B+7B, Kothrud, represented by ) its Member Mrs. Urmila Karekar, ) age 69 years Occupation Housewife ) and Chairman of the Society ) Mr. Lalitkumar P. Thakkar, ) age adult, Chartered Accountant ) Secretary of the Society )… Appellant (Org. Plaintiff) Versus 1. The Pune Municipal Corporation ) (represented by Commissioenr ) haviing office at PMC Bldg., ) Shivaji Nagar, Pune 411005 ) 2. The Deputy City Engineer ) (D.P.) Land and Estates ) PMC, Pune 411 005 )..Respondents (Org. Defts) Page no. 1 of 29 1-SA-1400-2005.doc Mr. Siddharth R. Ronghe for the Appellant Mr. Rishikesh M. Pethe for the Respondents. CORAM : GAURI GODSE, J. RESERVED ON : 16th SEPTEMBER 2025 PRONOUNCED ON : 5th JANUARY 2026 JUDGMENT :- 1. This second appeal is filed by the original plaintiff to challenge the concurrent judgments and decrees dismissing the suit for a declaration that the plaintiff has the right, title and interest and the authority to develop the suit property. The suit was filed with respect to the plot of land bearing Plot No. 14( part of old survey no.3) out of Survey No. 133, Hissa No. 5B, 6B, 7B (‘said land’). The plaintiff's prayer was for a declaration that the plaintiff (‘society’) has the right to develop the said plot and construct a commercial building in its capacity as the owner. The suit also prayed for a permanent injunction restraining the respondent (‘corporation’) from obstructing the lawful title of the society as owne