Bombay HC – Deemed  Conveyance – Pendency of the Civil Suit –

The Act does not provide for automatic stay of proceedings on that ground. If such a proposition were accepted, any promoter could defeat the statutory right of the society by merely instituting a suit and prolonging the matter. That would defeat the very purpose of Section 11. The correct position is that the order of deemed conveyance operates subject to adjudication by the civil court on substantive rights.

The principal contention advanced by the petitioner is that there is a dispute regarding Building Nos. F and G and that a Regular Civil Suit bearing No. 578/2024 has been filed and is pending before the competent Civil Court. According to the petitioner, the promoter was obliged to convey those buildings in favour of the owner and not the society. On that basis it is argued that the authority ought not to have granted conveyance in respect of those buildings to the society.

The pendency of a civil suit, therefore, does not automatically bar the authority from granting deemed conveyance. At the same time, an order of deemed conveyance cannot conclude or finally determine questions of title which are sub judice before the civil court. 13. In the present case, the authority has granted conveyance in favour of the society subject to the rights of parties.

Judgment dated  11.2.2026 of the High Court of Bombay in Writ Petition No.11626 of 2025 of Creena Anil Carvalho Vs.  The District Deputy Registrar, Cooperative Societies, Vasai Division & Ors with connected matter