Deemed Conveyance Certificate Vs earlier consent decrees between the parties
In 1980, the petitioner had constructed building of two wings of 13 floors each on the extreme left side of larger property of the land at Varsova and sold flats and shops. In 1987, the purchasers had formed respondent no.2 society. In 1988, the occupancy certificate was given.
Two civil suits were filed in 1990 between the petitioner and the respondent no.2 were compromised on 18.2.2000 and 6.2.2009 crystalizing their rights.
The respondent no.2 society acted on the said consent decrees for 22 years. However, on 16.2.2020, the respondent no.2 society filed application for deemed conveyance certificate for the entire land without impleading the petitioner and suppressing the consent decrees.
The petitioner appeared and brought the consent decrees on record. However, the respondent no.1 granted the deemed conveyance dehors the consent decrees.
Order and the certificate dated 4.3.2022 of the Respondent No.1 granting deemed conveyance in favour of the respondent no.2 Society on the ground of breach of consent decree dated 6.2.2009 of the City Civil Court.
Judgment dated 13.6.2024 of the Bombay High Court in Writ Petition No.1014 of 2024 of Nahar Seth and Jogani Developers Pvt Ltd Vs. Dy Registrar Cooperative Societies & Competent Authority and another
