REENA SANJAY MINZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The matter is taken up for final disposal with the consent of the parties.

(2.) Both these Writ Petitions are filed by the same set of Petitioners against the Respondents who are common in both the Writ Petitioners. The challenge raised in Writ Petition No.9931 of 2023, is in continuation of the action taken pursuant to the orders passed, by the Authorities which is the subject matter of challenge in Writ Petition No.12628 of 2022. Hence, both these Writ Petitions are being decided by way of this common judgment.

(3.) The Petitioners have challenged the order dtd. 27/4/2022 issued by the District Deputy Registrar, Co -operative Societies, Mumbai City 1, in favour of the 'Sambhav Tirth Co Operating Housing Society ' (hereinafter referred to as, 'Sambhav Tirth CHSL ', for short), who is a party Respondent in both the Writ Petitions. The facts of Writ Petition No. 12682 of 2022 ', are that one Mr. Nitin Rangwala entered into an Agreement of Sale with Vishwamangal Housing Company Private Limited - Respondent No.4 in that Writ Petition. Late Mr. Nitin Rangwala executed an Indenture of Lease in favour of Respondent No.4 on 29/9/1972. On 6/12/1977, the Respondent No.3 Society was registered, comprising of various purchasers of the residential and commercial premises in the building constructed by Respondent No.4. The Respondent No.3 society comprises of 43 members. The Respondent No.3 Society filed Suit No.398 of 1986, before this Court seeking directions to the Defendants to convey and transfer the suit property free from all liabilities and encumbrances and to make out a clear marketable title; discharge all debts and claims for effectively conveying the same in favour of the Plaintiffs and for declaration that the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as 'MOFA ', for short) apply to the flats in the said 'Sambhav Tirth CHSL ' situated at plot bearing Survey No. 1/787 situated at Bhulabhai Desai Road, Bombay, with the modification mentioned in Sec. 17 of the said Act, with other incidental reliefs. However, the said suit came to be dismissed for want of prosecution by this Court vide order dtd. 5/9/2018.