GPN-J.332-ARCHB-8.94-1310500-ALA4 Spl-H.C.A.S.C.D.79e FARAD CONTINUATION SHEET No. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT WRIT WRIT PETITION NO.5404 OF 2005 PETITION NO.5404 OF 2005 PETITION NO.5404 OF 2005 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. -------------------------------------------------------- Mr. C.J.Sawant, Senior Advocate with Mr. V.C. Ghosalkar, for the Petitioner Mr. Y.D. Mulani, AGP for Respondent Nos. 1 to 3. Mr. Y.R. Naik, for Respondent NO.4. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & DR.D.Y.CHANDRACHUD, DR.D.Y.CHANDRACHUD, DR.D.Y.CHANDRACHUD, JJ. JJ. JJ. DATED DATED DATED : : : 9TH 9TH 9TH SEPTEMBER, 2005 SEPTEMBER, 2005 SEPTEMBER, 2005 P.C. P.C. P.C. . Rule. Heard forthwith. The grievance of the petitioner is that she is the owner of the property and without notice to her respondent No.3 registered the respondent No.4. On behalf of the respondent No.4 learned Counsel contends that the previous owner has sold 24 tenements in the premises to the occupants and, therefore, the contention of the petitioner that she is the owner is devoid of merits. It is also pointed out that the petitioner herself is not an occupant of the building. 2. Considering what has been placed before us in the petition we think it proper that the impugned order be set aside and the matter be remanded back to respondent No.3 to pass appropriate orders according to law within a period of 3 months from today after hearing the petitioners and the proposed society represented by the respondent No.4. In the meantime the status quo as of present to be maintained. Rule made absolute accordingly. No order as to costs. 3. It will be open to respondent No.4 to amend the application subject to whatever objections that the petitioner may have. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.) (DR. (DR. (DR. D.Y.CHANDRACHUD, J) D.Y.CHANDRACHUD, J) D.Y.CHANDRACHUD, J)