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Bombay High CourtWP/8134/2019disposed off

Rajesh Parasmal Jain And ANR v. Divisional Jt. Registrar Co-Operative Soc.Mumbai Division And ORS

2019-07-29Hon'Ble Shri Justice Nitin W. Sambre2 pages

(34)wp-8134-19.doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8134 OF 2019 Bharat D. Pandit Bharat D. Pandit Date: 2019.08.01 11:49:50 +0530 Rajesh Parasmal Jain & Anr.

..... Petitioners.

V/s Divisional Joint Registrar, Co-operative Societies, Mumbai Division and Others ...... Respondents.

--- Mr. Pradeep Thorat a/w Ms. Nita Solanki and Ms. Anita Kamble I/b Kiran Jain & Co. for the Petitioners.

Mr. Jahangir Iqbal a/w Anjana Prasad for Respondent No.3. Mr. S.L. Babar, AGP for the State.

---- CORAM: NITIN W. SAMBRE, J.

DATE: 29th July, 2019 P.C.:- 1] Motion is made, on instructions, for withdrawal of the Petition. 2] Petition is disposed of as withdrawn.

3] Needless to clarify that this Court has not gone into the merits of the matter.

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(34)wp-8134-19.doc 4] As a Civil Suit for declaration is pending on the Original Side of this Court, based on the alleged Conveyance Deed, the findings recorded in the matter of grant of membership under Section 23 of the Maharashtra Co-operative Societies Act in favour of Respondent No.3, will not come in the way of the Petitioner while contesting the suit on merit.

5] In response to the Court's query, Respondents agree that they shall not create third party interest for a period of four weeks from today.

( NITIN W. SAMBRE, J. ) 2/2