46-wp-7261-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7261 OF 2023 M/s. Rita Enterprises and Ors. ...Petitioners Versus State of Maharashtra and Ors. ...Respondents —————— Mr. Sunil M. for the Petitioners Mr. Girish Kedia a/w. Mr. Krushang Kedia, for Respondent No. 2. Ms. Kavita Solunke, AGP a/w. Mr. S.L. Babar, for the State. —————— CORAM : SHARMILA U. DESHMUKH, J. DATE : NOVEMBER 7, 2025 P. C. : 1. Petition has been 'led under Article 227 of the Constitution of India challenging the order of Deemed Conveyance passed under section 11 of Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 on 13th May, 2022 in favour of Respondent No. 2. 2. Learned counsel appearing for Respondent No. 2 submits that subsequent to the passing of the order of Deemed Conveyance, the unilateral Deemed Conveyance was registered on 17th May, 2023 and the property card is also updated. 3. Learned counsel for the Petitioner submits that by the order of Vishal Parekar 1 of 2 VISHAL SUBHASH PAREKAR Digitally signed by VISHAL SUBHASH PAREKAR Date: 2025.11.10 10:25:59 +0530 46-wp-7261-2023.doc Deemed Conveyance an excess area is conveyed to Respondent No. 2 and the Petitioners are claiming the right, title and interest in the said excess area. 4. It is well settled by decision in Mazda Construction Co. vs. Sultanabad Darshan CHS Limited1 and which has been clari'ed in Shree Chintamani Builders vs. State of Maharashtra2 that the grant of Deemed Conveyance does not conclude the issue of right, title and interest in the immovable property. It is open for the Petitioners to bring substantive suit on title claiming ownership. Upon being confronted with the same, learned counsel for the Petitioners seeks permission to withdraw the Petition with liberty to institute Civil Suit. 5. The Petition is disposed of as withdrawn with liberty to 'le substantive suit. The same to be decided independently without being in=uenced by the fact that order of Deemed Conveyance has been issued. 6. All contentions of both the parties are expressly kept open. [SHARMILA U. DESHMUKH, J.] 1 2012 SCC OnLine Bom 1266. 2 2016 SCC OnLine Bom 9343. Vishal Parekar 2 of 2