2026:BHC-OS:2675 jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 478 OF 2020 JITENDRA SHANKAR Jay Anand Co.operative Housing Society …Petitioner NIJASURE Ltd.

Digitally signed by JITENDRA SHANKAR NIJASURE Date: 2026.01.30 18:38:16 +0530 Versus State of Maharashtra & Ors. …Respondents WITH WRIT PETITION NO. 2936 OF 2022 WITH CONTEMPT PETITION (L) NO. 35195 OF 2022 WITH INTERIM APPLICATION NO. 1953 OF 2021 IN WRIT PETITION NO. 2936 OF 2022 ----------

Mr. Pravin Samdhani, Senior Counsel a/w Mr. Mayur Khandeparkar i/by Mehul Shah, Mr. Yatin Khochare and Mr. Abhishek Nikharge for the Petitioner.

Ms. Uma PalsuleDesai, AGP for the Respondent No. 1 in WP/478/20.

Ms. Gaurangi Patil, AGP for the Respondent No. 1 in WP/2936/22.

Dr. Virendra Tulzapurkar, Senior Counsel a/w Mr. Akshay Deshmukh, Mr. Sanket Kadam, Mr. Sumit Chaudhary for the Respondent Nos. 3 to 5 in WP/2936/22 and for the Respondent Nos.

4 to 6 in WP/478/20.

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CORAM : R.I. CHAGLA J.

Reserved on : 19TH SEPTEMBER, 2025.

Pronounced on : 30TH JANUARY, 2026.

J U D G M E N T:-

1. The above Writ Petitions along with the Contempt Petition were heard together as they are between the same parties as well as concerning common issues.

2. The Writ Petition No.478 of 2020 impugns the Order dated 3rd November, 2018 passed by Respondent No.3 by which the Petitioner – Society has been bifurcated under Section 18(1) read with Section 17 of the Maharashtra Co-Operative Societies Act, 1960 (“MCS Act”). The Writ Petition No.2936 of 2022 impugns Order dated 5th November, 2020 passed by Respondent No.3 by which the Respondent No.3 has granted Deemed Conveyance in favour of Jay Anand Bungalow Co-Operative Housing Society Ltd. (‘Jay Anand Bungalow CHS’), by issuing certificate of Deemed Conveyance. The Contempt Petition (L) No.35195 of 2022 has been taken out in Writ Petition No.2936 of 2022 alleging that the Respondent therein who is the Petitioner – Society in the said Writ Petitions has violated the Order dated 28th September, 2001 passed in Interim Application No.1953 of 2021 in Writ Petition No.2936 of 2022 whereby this Court ordered maintaining status quo with respect to the subject land covered by Deemed Conveyance executed pursuant to the said Order dated 5th November, 2020.

FACTS

3. The relevant facts as taken from Writ Petition No.478 of

2020 are as under:-

(i) The Petitioner - Jay Anand Co-Operative Housing Society Ltd. is the owner of land admeasuring 1309.80 Sq. mtrs. bearing Plot No.105, final plot no.88, TPS (III), village Borivali, Mumbai 400 092 (“subject land”). The building of the Petitioner was constructed on the subject land consisting of wings ‘A’ and ‘B’ having 22 tenements. The ‘A’ wing comprises of ground plus two (part), open terrace and, in all 4 tenements (construction in 1954) and B Wing comprises of stilt plus 6 storeys having 18 tenements (constructed in 1985).

(ii) The Petitioner was registered as a housing society on 14th September, 1988. The Petitioner has 22 members. A Wing has three members viz. Dwarkadhish Joshi, Shantaben Sidhapara (Patel) and Nanjibhai P. Sidhpara (Patel).

(iii) An Application for Deemed Conveyance was made by the Petitioner on 11th February, 2015 against the Developer. It is pertinent to note that the Application was also signed by Respondent No.4.

(iv) A letter was addressed by the Respondent Nos.4 – 6 for sub division of the land on 1st April, 2015. It is pertinent to note that the Respondent Nos.4 – 6 admit to being members of the Petitioner – Society and state that all FSI on the subject land was consumed in construction of the building of the Petitioner –

Society.

(v) A letter was addressed by the Petitioner on 17th April, 2015 in response to the said letter of the Respondent Nos.4 – 6 dated 1st April, 2015 informing that the Petitioner would take a legal opinion on the issue. It is pertinent to note that the Respondent No.4 was one of the signatories to the said letter.

(vi) A legal notice was add