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2026 DAILYLAW 10939 (BOM)

EDWARD JOHN D CUNHA v. THE DIVISIONAL JOINT REGISTRAR (SRA) DEPT WARD F/ NORT DEPT AND ORS

WP/12530/2026 · 2026-09-23

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Judgment text

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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 2026:BHC-AS:39119 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.] Page No. 2 of 2 23 September 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 24/09/2026 17:31:55