Bombay High Court

SHREE SAFALYA CO-OP HSG SOCIETY THROU. JAY KRISHNA BANDIWADEKARversusSTATE OF MAHARASHTRA THROU. GOVT PLEADER AND ORS

Decided: 17 June 2026
Disposal: Disposed Off
Bench: SANDEEP V MARNE

Holding

The Court declined to set aside the order of deemed conveyance, applying the reasoning of the earlier petition.

Summary

The Shree Safalya Co-operative Housing Society filed a writ petition seeking to set aside an order of deemed conveyance dated 27 May 2015. The petition was essentially identical to Writ Petition No.8070 of 2025, the only distinction being that the conveyance instrument had not yet been registered. The Court observed that the observations made in the earlier petition applied equally to the present case. Consequently, the petition was disposed of without any order as to costs. The order of deemed conveyance therefore remains in force.

Issues considered

Whether the order of deemed conveyance dated 27 May 2015 can be set aside by the Court
Whether the non‑registration of the conveyance instrument affects the validity of the deemed conveyance order

Subjects

deemed conveyance
co-operative housing society
writ petition
property law
registration of conveyance

Judgment

  2026:BHC-AS:24554
                         k                                    1/1                     5 wp 8072.25 as.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                                 WRIT PETITION NO.8072 OF 2025

                         Shree Safalya Co-operative Housing Society                      ....Petitioner
                               V/S
                         The State of Maharashtra & Ors.                                 ....Respondents
                                                        _________

                         Mr. Vishal Pattabiraman with Mr. Aniket V. Jadhavar for the Petitioner.
                         Ms. Kavita Solunke, Additional GP with Ms. P.J. Gavhane, AGP for
                         Respondent Nos.1 and 2/State.
                         Mr. Sandeep Mishra for Respondent Nos.3 to 10.
                                                       __________

                                                        CORAM : SANDEEP V. MARNE, J.
                                                        DATE : 17 JUNE 2026.
                         P.C.:

                         1.           In this Petition, Petitioner-Society seeks setting aside of order of
                         deemed conveyance dated 27 May 2015. The facts and circumstances in
                         this Petition are similar to the one involved in Writ Petition No.8070 of
                         2025. The only difference in the present Petition is that an instrument of
                         conveyance is yet to be registered in pursuance of order dated 27 May
                         2015. All the observations made while disposing of Writ Petition
                         No.8070 of 2025 shall equally apply to the present Petition as well.


                         2.       Accordingly, Writ Petition No.8072 of 2025 is disposed of. There
                         shall be no order as to costs.


                                                                           (SANDEEP V. MARNE, J.)



                          katkam
Signed by: Sudarshan R. Katkam                                      Page No. 1 of 1
Designation: PS To Honourable Judge
Date: 18/06/2026 17:20:48

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