wp-8478-2023.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8478 OF 2023 K & K Developers and Others … Petitioners V/s. Manjri Greens Phase IV CHS Ltd and Others … Respondents Mr. G. S. Godbole, Senior Advocate with Ms. Shruti Tulpule, for Petitioners. Mrs. M. S. Srivastava, AGP for State. CORAM : AMIT BORKAR, J. DATED : MARCH 16, 2026 P.C.: 1. Matter is listed on board for speaking to the minutes of the order dated 9 March 2026. 2. Paragraphs 2 to 4 of the order be substituted with the following: “2. The facts giving rise to the present Petition may be briefly stated as follows. On 10 March 2005, a Registered Development Agreement came to be executed in respect of the land bearing Survey No. 86, Hissa No. 2B/1 and Survey No.85, Hissa No.2B, whereby development rights in respect of the said property were granted in favour of K & K Developers. Subsequently, on 5 September 2006, the Collector, Pune passed two composite orders in exercise of 1 ATUL GANESH KULKARNI Digitally signed by ATUL GANESH KULKARNI Date: 2026.03.17 12:19:20 +0530 wp-8478-2023.doc powers under Section 44 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, permitting change of user and development of the lands bearing Survey Nos. 85/2B, 86/2B/1, 86/2A and 86/2A/1 for residential purposes. It further appears that on 7 February 2011, after possession of the tenements was handed over to the members of Respondent No. 1 Society, separate possession receipts were executed by petitioner No. 1 in favour of the respective allottees. The said possession receipts also contained specific recitals recognising an easementary right of way in favour of the adjoining societies. 3. Thereafter, on 25 April 2022, Respondent No. 1 Society instituted an application seeking grant of Deemed Conveyance under Section 11(3) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. By the said application, Respondent No. 1 Society sought conveyance of land admeasuring 22,745 sq. mtrs. out of the larger property bearing Survey Nos. 85/2B, 86/2B/1/1 (part). 4. In or about April 2022, Respondent No. 2 Society moved an application seeking intervention in the aforesaid Deemed Conveyance proceedings initiated by Respondent No. 1 Society before the Competent Authority. Thereafter, by an order dated 20 March 2023, the District Deputy Registrar and Competent Authority allowed the Deemed Conveyance 2 wp-8478-2023.doc Application bearing No. 1007069 of 2022 and granted deemed conveyance in favour of Respondent No. 1 Society. Being aggrieved by the said order, the petitioners have approached this Court by filing the present petition.” 3. Accordingly, the Order dated 9 March 2026 be corrected, and the corrected Order shall be uploaded as Order No. 2 in the present matter. The rest of the Order shall remain unchanged. (AMIT BORKAR, J.) 3