Sanjay Pandurang Patil And Anr vs Ld. Div. Jt. Reg. Co-Operative Soc. ... on 25 April, 2019

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Bombay High Court

Sanjay Pandurang Patil And Anr vs Ld. Div. Jt. Reg. Co-Operative Soc. ... on 25 April, 2019

Bench: S.S. Shinde

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                                                                    916-WP10274.18


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO. 10274 OF 2018
Sanjay Pandurang Patil & Anr.                           ..... Petitioners
     VERSUS
Ld.Divisional Joint Registrar,
Co-operative & Ors.                                     ..... Respondents

                                      ALONGWITH
                     WRIT PETITION NO. 10273 OF 2018
Rahul Nagare                                            ..... Petitioner
     VERSUS
Ld.Divisional Joint Registrar,
Co-operative & Ors.                                     ..... Respondents
Mr.Umesh H.Pawar for the Petitioners.
Mr.S.D.Rayrikar, A.G.P. for the State - Respondent no.1.
                                      CORAM :      S.S. SHINDE, J.

                                      DATE     :   25th APRIL, 2019
P.C.

Learned counsel appearing for the petitioners submits that the petitioners has filed Appeal No. 151/2016 before the respondent no.1. In the said appeal, stay application has been filed by the petitioner. However, the Appellate Authority has not yet heard the stay application of the petitioner. He submits that till the stay application of the petitioner is heard by the said authority, limited protection may be granted to the petitioner.

2. Heard Mr.Pawar, learned counsel appearing for the petitioners.

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3. Issue notice to the respondent nos. 2 to 11, returnable on 12 th June, 2019. In addition to service of notice through Court, the petitioners shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery on the respondent nos. 2 to 11 and shall file affidavit of service before the returnable date.

4. The parties are put to the notice that the above writ petitions may be heard and disposed of finally at the admission stage subject to the convenience of the court and the time constraint.

5. The learned A.G.P. Mr.Rayrikar, waives service of the notice on behalf of the respondent no.1.

6. The petitioners shall file affidavit of service with tangible proof of such service in respect of respondent nos. 2 to 11 before the next date of hearing, failing which this petition shall stand dismissed as against those respondents about whom no such affidavit of service is filed with tangible proof.

7. In case, the subject property of the petitioner is not yet seized, the same shall not be seized till next date.

8. The parties to act on the authenticated copy of this order.

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