Bombay High Court
Smt. Sulochana Pradip Mohite vs Deputy Registrar Co-Op. Societes Karad ... on 5 September, 2019
Author: N. J. Jamadar
Bench: Ranjit More, N. J. Jamadar
914 wp 9837.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9837 of 2019
Smt. Sulochana Pradip Mohite .....Petitioner
versus
Deputy Registrar, Co-op. Societies, Karad and ors. .....Respondents
Mr. Pratap Patil, advocate for the petitioner.
Ms. M. P. Thakur, AGP for the State.
CORAM : RANJIT MORE &
N. J. JAMADAR, JJ.
DATE : 5th SEPTEMBER, 2019. P. C. :
Mr. Patil, learned counsel for the petitioner submitted that a certificate under Section 101 of the Maharashtra Co-operative Societies Act, 1960, dated 30th November, 2017 is issued against the husband of the petitioner. He further submitted that the petitioner's husband had already expired on 11th November, 2017, even prior to closing the matter for orders. He, therefore, submitted that the said certificate issued under Section 101 is nullity. The petitioner has approached this Court, as in execution of this certificate, the possession of her property is proposed to be taken.
2. In the above, we issue notice to respondent Nos.5, 6 and 7 Shubhada S Kadam 1/2 ::: Uploaded on - 06/09/2019 ::: Downloaded on - 07/09/2019 00:17:32 ::: 914 wp 9837.19.doc returnable on 7th October, 2019. Hamdust permitted.
3. Till next date, there shall be an ad-interim relief in terms of prayer clause (c) which reads thus:
"(c) Pending hearing and final disposal of this petition, the effect, operation, execution and/or implementation of the impugned Notice R.No.1434/19 dated 31.08.2019 issued by Circle Officer, Koparde Hawali, Tal.Karad, Dist. Satara (annexed at Exh.-G of petition) be stayed;"
4. All concerned to act upon a copy of this order duly authenticated by the Registry of this Court.
[N. J. JAMADAR, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2 ::: Uploaded on - 06/09/2019 ::: Downloaded on - 07/09/2019 00:17:32 :::