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Bombay High Court

EDWARD JOHN D CUNHAversusTHE DIVISIONAL JOINT REGISTRAR (SRA) DEPT WARD F/ NORT DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed as the delay is excessive and the title dispute is pending before the civil court.

Summary

The petitioner challenged an order dated 27 September 2019 that granted membership of a cooperative society to Respondent No.3 concerning a disputed flat. The petition was filed seven years after the order, and the petitioner had already initiated Suit (L) No.4287 of 2020 seeking a declaration of title, obtaining an interim injunction restraining Respondent No.3 from creating third‑party rights. The High Court noted the inordinate delay and the existence of a pending suit as reasons to decline interference. It held that the title dispute should be resolved in the pending civil suit, and the membership order remains effective subject to that suit’s outcome. Consequently, the writ petition was dismissed, leaving all substantive contentions open for determination in the civil proceedings.

Issues considered

  • Whether a writ petition filed after a seven‑year delay can be entertained to set aside a cooperative society membership order.
  • Whether the existence of a pending civil suit for title declaration bars the High Court from entertaining the writ petition.

Subjects

  • writ petition
  • delay
  • pendency of suit
  • cooperative society membership
  • title dispute
  • civil appellate jurisdiction

Judgment

2026:BHC-AS:39119

              Megha                                                 24_wp_12530_2026


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.12530 OF 2026

              Edward John D’cunha                                  ...Petitioner

                                V/s.

              The Divisional Joint Registrar (SRA)
              Dept., Ward F/ North Department and
              Ors.                                                ...Respondents
                                            ________________
              Mr. Mithilesh G. Rajbhar with Ms. Anita Rajbhar and Ms. Sonali K. for the
              Petitioner.
              Ms. Dimple Asrani for Respondent No.3.
              Mr. P.G. Sawant, AGP for Respondent-State.
                                            ________________


                                                      CORAM: SANDEEP V. MARNE, J.

                                                       DATED: 23 SEPTEMBER 2026.


              P.C.:


              1)      There are multiple reasons why this Petition needs dismissal.
              Order impugned in the Petition is passed on 27 September 2019 by the
              Assistant Registrar, Co-operative Societies (Mumbai city and East
              suburbs) SRA, Mumbai, granting membership in favour of Respondent
              No.3 in respect of the flat in question. The Petition is filed after delay of
              7 long years. This is the first reason why this Court is not inclined to
              entertain the present Petition. Secondly, after passing of impugned order
              the Petitioner correctly understood the remedy available to him in

                                                Page No.1 of 2
                                              23 September 2026
                          Megha                                                    24_wp_12530_2026


                          respect of the title dispute regarding the flat in question. Accordingly
                          Suit (L) No.4287 of 2020 has been filed in this Court claiming title in
                          respect of the flat. In that Suit, the Petitioner has secured an interim
                          order from this Court on 23 November 2020 restraining Respondent No.3
                          from creating third party rights in respect of the flat. The Suit is
                          apparently transferred to City Civil Court and is pending decision. This is
                          the second ground why this Court is not inclined to entertain the
                          Petition. As and when the Petitioner secures declaration of title in
                          respect of the flat, records of the Society can be brought in tune with
                          declaration sought before the City Civil Court. Grant of membership is
                          subject to pendency of the Suit.


                          2)          I am not inclined to entertain the present Petition, which is
                          disposed of leaving open all contentions of the parties regarding title of
                          the flat in question.


                                                                               [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                             Page No.2 of 2
Designation: PA To Honourable Judge                        23 September 2026
Date: 24/09/2026 17:31:55


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