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2013 Supreme(SC) 549

G.S.SINGHVI, RANJANA PRAKASH DESAI
Taranjeet Singh Mohan Singh Sawhney – Appellant
Versus
District Deputy Registrar Cooperative Societies – Respondent


JUDGMENT

G.S. SINGHVI, J.

1. Leave granted.

2. This appeal is directed against order dated 20.2.2013 by which the learned Single Judge of the Bombay High Court refused to stay the order passed by respondent No.1 – District Deputy Registrar Cooperative Societies-cum-Competent Authority, Mumbai City (3)–cum–Competent Authority appointed under Section 5A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 for grant of certificate to respondent No.3 – Royal Diamond Park Co-operative Housing Society Ltd. to get a unilateral conveyance deed executed and registered in respect of an area measuring 2634.36 sq. mtrs. out of CTS Nos.661 to 691 of Village Kole Kalyan, Bandra.

3. At the outset, we consider it proper to mention that when IA No.3/2013 filed by respondent No.3 was listed for hearing, learned counsel for the parties were heard on the merits of the case and the order was reserved.

4. Late Shri Mohan Singh (predecessor of the appellants) owned land measuring 4144.90 sq. mtrs. comprised in CTS Nos. 661 to 691 of Village Kole Kalyan, Taluka Andheri. On 16.10.1979, he entered into an agreement with respondent No.4 for sal






























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