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2023 Supreme(Bom) 1881

SANDEEP V. MARNE
K. G. Associates – Appellant
Versus
District Deputy Registrar , Co-Operative Societies , Pune , City-1 And Competent Authority – Respondent


Advocates appeared:
Mr. Girish S. Godbole, Senior Advocate with Ms. Shruti Tulpule, Advocate I/By. Mr. Kaustubh Thipsay, Advocate, for the Appellant In WP-8203-2022; Mr. Jaydeep S. Deo, Advocate, for the Respondent No.2 In WP-8203 of 2022 and for the Respondent No.1 In CP-454-2022; Mr. C.D. Mali, AGP, for Respondent Nos.1 to 3 In WP-8203 of 2022 for Respondent Nos. 2 to 4 In CP-454-2022.

Judgment

The Challenge :

1. This Writ Petition is filed by Petitioners taking exception to the Order dated 17 March 2020 passed by the Deputy Registrar of Co-operative Societies and Competent Authority, Pune granting deemed conveyance of the land in favour of Respondent No. 2-Society. By that order, the Competent Authority has granted deemed conveyance of land admeasuring 77,754.75 sq. mtrs out of land bearing Gat No.1420 (Part), Village-Wagholi, Taluka-Haveli, District-Pune. During pendency of the present petition, the Respondent No.2-Society has registered the Certificate of deemed conveyance at Serial No.7185 of 2020, which is also challenged in the present petition. As per the Petitioners, in breach of interim Order passed by this Court on 17 December 2020, the Society entered into correspondence with the Revenue Authorities and got its name mutated to the records of rights of the land, which according to them, constitutes contempt of this Court and accordingly Contempt Petition No. 454/2022 has been filed.

Facts :

2. For better understanding of the controversy in hand, a brief factual narration as a prologue to the judgment would be necessary. Petitioner No.1 was the owner of the

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