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Head Note

The Specific Relief Act, 1963  - Section 31 , The Limitation Act, 1963  - Article 59 , The Transfer of Property Act, 1872  - Section 54

Registration Act, 1908 - Section 17(1)(b), 18, 20, 21, 32, 32A, 69 - Extinguishment of Sale Deed - Challenge as to - Writ Jurisdiction - High Court dismissing the challenge - Sale deed of the property in dispute was executed by the Society in favour of the mother of the appellant on 22.03.2024 in respect of the plot involved in this proceeding - Contention urged on behalf of the Society is that as there was no construction raised by the appellant or his deceased mother on the said plot of land and therefore, there has been a violation of the Bye-laws of the Society, as claimed by the Society and hence, it has executed the Extinguishment Deed dated 09.08.2023 with respect to the said plot of land and cancelled the already registered absolute sale deed in favour of the appellant's mother dated 22.03.2024 - On the basis of the registration of the Extinguishment Deed with respect to the said plot of land, the subsequent allotment of the said plot of land took place and the sale deed was registered by the society in favour of respondent No.5, who further alienated the said plot and registered another sale deed in favour of the respondent Nos.6 and 7 - Difference of opinion between the Judges constituting the Bench - Registry directed to place the matter before Hon'ble the Chief Justice of India, so that an appropriate Bench could be constituted for hearing the matter.

Topic(s)-Extinguishment of Sale Deed - Challenge as to - Matter to be heard by larger bench