Unconditional Withdrawal of Civil Suit – Whether Bar to Section 11 MOFA Application for Deemed Conveyance – Applicability of Order 26 Rule 1(4) CPC

In the present case, the society had already approached the Civil Court seeking enforcement of the statutory obligation to convey the same property. The relief claimed there and the relief sought under Section 11 arise from the same cause. The suit was withdrawn unconditionally. No liberty was reserved. If, after such withdrawal, the society is permitted to invoke Section 11 for the same relief, it would defeat the very object of Order XXIII Rule 1(4). The form of the proceeding cannot override the substance. Though Section 11 provides for a summary remedy, it is nonetheless a legal proceeding to enforce the same right. The expression suit in Order XXIII cannot be read in a narrow and technical manner so as to exclude all other proceedings that are substantially in the nature of adjudication on the same cause.

Judgment dated 11.2.2026 of the High Court of Bombay in Writ Petition No.14561 of 2025 of Vaijayanta shamrao Bhosale Vs.  District Deputy Registrar and others