Bombay High Court
The Bhusawal Peoples Co Op Bank Ltd ... vs The District Deputy Registrar And Ors on 11 June, 2019
Bench: S. V. Gangapurwala, Mangesh S. Patil
1 wp 6565.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6565 OF 2019
The Bhusawal Peoples Co-op. Bank Ltd.,
Bhusawal, through Special Recovery
Officer D. M. Ingale .. Petitioner
Versus
The District Deputy Registrar and others.. Respondents
Shri P. N. Nagargoje, Advocate h/f Shri D. B. Thoke, Advocate for
the Petitioner.
Shri V. S. Badakh, A.G.P. for Respondent Nos. 1 and 2.
CORAM : S. V. GANGAPURWALA AND
MANGESH S. PATIL, JJ.
DATE : 11TH JUNE, 2019.
FINAL ORDER :
. The petitioner seeks directions against the respondent No.
2 to hand over physical possession of the property.
2. Sale deed is executed by the petitioner in favour of respondent Nos. 5 and 6. Recitals in the sale deed are to the effect that the possession is delivered. It is submitted that, respondent Nos. 5 and 6 have not received the possession. The respondent Nos. 5 and 6 are not coming forward to claim possession. It is for respondent Nos. 5 and 6 to claim possession.
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3. The petitioner and respondent Nos. 5 and 6 also have other remedy open with regard to the possession as provided under Rule 107(11) of the Maharashtra Co-operative Societies Rules.
4. The petitioner and/or respondent Nos. 5 and 6 may take appropriate steps in that regard. In view of that, the writ petition is disposed of. No costs. All contentions of respective parties are kept open.
[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/June 19 ::: Uploaded on - 14/06/2019 ::: Downloaded on - 15/07/2019 06:35:11 :::