WAMAN NARAYAN BHAVE vs DEV BAPPA CO-OP.HOUSING SOCIETY LTD.

Judgment text excerpt

3-SA-425-2003.docx rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SECOND APPEAL NO. 425 OF 2003 Waman Narayan Bhave (deceased) Through his Legal Heirs 1(a) Meghna Shirish Bhave Age: 53 years, Occ. Housewife 1(b) Yash Shirish Bhave Age : 22 years, Occ.Civil Engineer 1(a) & 1(b) both are residing at Pragati Bungalow, Meenatai Thakare Nagar, Wada, Taluka Wada Dist. Palghar …. Appellants Versus Dev Bappa Co-operative Housing Society Ltd. Through its Chairman Shri Sudhakar Jagannath Hazare, having its registered office at Dev Bappa Co-operative Housing Society, Kharkarali, Thane …. Respondent Mr. Pramod J. Pawar for the Appellants. Mr. Rupesh Sohoni for the Respondent. CORAM : GAURI GODSE, J. RESERVED ON: 29th JANUARY 2026 Digitally signed by PRONOUNCED ON: 8th JUNE 2026 RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 2026.06.08 14:09:24 +0530 1/16 3-SA-425-2003.docx JUDGMENT: BASIC FACTS: 1. This second appeal is preferred by the original defendant to challenge the concurrent judgments and decrees passed by the first appellate court decreeing the suit granting specific performance of a plot of land in favour of the plaintiff-society. The defendant died during the pendency of the second appeal, and his heirs and legal representatives have been brought on record. The trial court decreed the suit, granting a declaration that the society is the owner of the plot of land and further directed the defendant, i.e. the owner of the land, to execute a conveyance deed in favour of the plaintiff-society and its members. The trial court’s decree directing execution of the conveyance is in respect of a plot of land on which the building of the plaintiff society is constructed. The appeal preferred by the defendant to challenge the trial co