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2024 Supreme(Online)(Bom) 598

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
RAVI JAGGNATH AGARWAL – Appellant
Versus
PRINCE TOWER CO- OP. HOUSING SOCIETY LTD. – Respondent


JUDGMENT:

  1. By this petition, Petitioner challenges Order dated 15 February 2024 passed by the Competent Authority and District Deputy Registrar, Co-operative Societies-(2), East Suburban, Mumbai (Competent Authority) granting unilateral deemed conveyance of land in favour of Respondent No.1-Society. Petitioner is an auction purchaser, who has purchased the land alongwith the building in the auction conducted by Municipal Corporation for Greater Mumbai (MCGM) on account of failure on the part of the original landowners to pay property taxes. According to Petitioner, the land purchased by him through public auction cannot be conveyed to the Society, as the same would render the transaction of purchase futile. Petitioner’s further contention is that Respondent-Society has already instituted a Civil Suit seeking declaration that the auction sale is void and during pendency of that suit, Order of deemed conveyance could not have been passed as the same tantamount to decree of the suit. The next objection of the Petitioner is that he has filed suit against the flat occupiers for their eviction under the provisions of the Maharashtra Rent Control Act, 1999, which would be rendered infructuo

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