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2021 Supreme(SC) 736

A.M.KHANWILKAR, DINESH MAHESHWARI
Lucky Start Cooperative Housing Society Ltd. – Appellant
Versus
Omakr Realtors And Developers – Respondent


Advocates appeared:
For the Petitioner: Ms. V. Mohana, Sr. Adv. Ms. Astha Tyagi, AOR Ms. Madhu Sweta, Adv. Ms. Shivangi Khanna, Adv. Ms. Ankita Sharma, Adv. Ms. Subhashree Mohapatra, Adv. Ms. Nikita Capoor, Adv. Mr. Siddharth Raj Agarwal, Adv.
For the Respondent: Mr. Gaurav Agrawal, AOR Mr. Sachin Patil, AOR Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Mr. Garvesh Kabra, AOR Mr. Abhinav Ramkrishna, AOR

ORDER :

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 20.06.2019 passed by the High Court of Judicature at Bombay in Writ Petition No. 1545 of 2015 as corrected on 06.08.2019.

3. Heard learned counsel for the parties.

4. The High Court allowed the Writ Petition by merely observing that what has been granted by the competent authority under the certificate of deemed conveyance is much more than what is sought in the prayers of the application. The High Court has not recorded specific reason as to why that finding has been reached.

5. To observe sobriety, we may only note that the order is unintelligible as diverse grounds have been urged by the parties to assail the said finding which ought to have been examined by the High Court in the first place and a clear finding recorded upon analysing the relevant documents.

6. Accordingly, we set aside the impugned judgment and order and restore the writ petition to the file of the High Court for being considered afresh on its own merits and in accordance with law.

7. It will be open to the appellant to bring on record subsequent events if any; and seek further relief, as may be advised which be considered by the

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