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2024 Supreme(Bom) 636

MILIND N. JADHAV
Sita Vihar Co-operative Housing Society Ltd. – Appellant
Versus
Surajratan Fatehchand Damani Janhit Nidhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Anil V. Anturkar, Karishma Shinde, Sugandh Deshmukh.
For the Respondents: B.K. Barve, Sandeep Barve, Sonali Patil, G.S. Godbole, R.S. Datar, Druti Datar, Swati Sawant, J.P. Patil.

JUDGMENT :

MILIND N. JADHAV, J.

1. Heard Mr. Anturkar, learned Senior Advocate for Petitioner; Mr. Barve, learned Advocate for Respondent No. 8; Mr. Godbole, learned Senior Advocate for Respondent No. 9, Ms. Sawant, learned Advocate for Respondent No. 11-Corporation and Mr. Patil, learned AGP for Respondent No. 12-State.

2. By consent, taken up for final hearing due to the exigency mentioned by Mr. Anturkar.

3. Petitioner is a Co-operative Housing Society who has filed Regular Civil Suit (“RCS”) No. 748 of 2019 on 17.09.2019 for the following reliefs:

    “(a) It be held, declare and decreed that Plaintiff is entitled to and Defendant Nos. 1 to 8 and anybody claiming through and under them including Defendant Nos.9 and 10 are under statutory obligation under MOFA to execute conveyance of suit land admeasuring 9582.650 sq. meters together with the said buildings standing thereon by way of lease for the period of 999 years in favour of Plaintiff as directed by the Charity Commissioner vide order dated 02/11/1987 modified vide order dated 09/02/1988 passed under Section 36 (1) (b) of the Bombay Public Trust Act.

    (b) It be held, declared and decreed that consent terms executed on 27/04/2011 by a

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