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2024 Supreme(Bom) 338

SANDEEP V. MARNE
Vasundhara Dhananjay Dongre (since deceased through LRs) – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Parties :Mr. S.S. Patwardhan i/b Mr. Bhooshan R Mandlik, Mr. Shanay Shah with Mr. Mahesh Chitnis and Mr. Siddhant P., Kulkarni i/b M/s. Chitnis Vaithy & Co., Mr. G. S. Godbole, Senior Advocate i/b Mr. Prasad Kulkarni, Dr. Abhinav Chandrachud i/b Ms. Sucheta D. Ghaisas, Mr. Darshit K. Jain i/b Ms. Divya Jain, Mr. Abhay Patki, Additional GP with Ms. Nazia Shaikh

JUDGMENT:

1. Rule. Rule is made returnable forthwith. By consent of the parties, Writ Petition is taken up for final hearing and disposal.

2. By this Petition, Petitioner has challenged order dated 16 March 2012 passed by the District Deputy Registrar, Co-operative Societies, Mumbai City-3 and Competent Authority granting conditional unilateral deemed conveyance of land admeasuring 4342.06 square meters and building constructed thereon in favour of Respondent No.4-Society as well as communication dated 19 October 2013 withdrawing the conditions imposed in the certificate of deemed conveyance. The Petition was originally filed by Vasundhara Dhananjay Dongre through her power of attorney holder Mr. Nilesh Muzumdar. On the death of original Petitioner, her legal heirs are brought on record as Petitioner Nos.1A to 1C, who are prosecuting the Petition through their constituted power of attorney Mr. Nilesh Muzumdar.

3. Facts of the case as reflected in the Petition are as follows. Land bearing CTS Nos.143, 144, 144(1) to (5), 145, 146, 146(1) to (3), 147, 147(1) to (13), 148, 149, 150 and 151 was originally owned by Petitioner’s grand-father Shri Vishnu Bhalchandra Paranjape. He developed t

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