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Bombay High CourtWP/8373/2019dismissed

Mr. Akram S. Salam Takamlay And ANR v. The Divisional Jont Registrar, Co-Op. Soc. , Pune Division And ORS

2019-08-06Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 908.8373.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8373 OF 2019 Mr. Akram S. Salam Takamlay .....Petitioners and others V/s.

The Divisional Joint Registrar .....Respondents Co-op, Soc., Pune Division and others Mr. V. H. Narvekar for the Petitioner Mr. C. D. Mali AGP for respondent nos. 1 & 2-State CORAM :

NITIN W. SAMBRE, J.

DATE :

AUGUST 6, 2019.

P.C.

A preliminary objection is raised by the petitioner in appeal before the Appellate Authority about the maintainability which is answered against the petitioner. The status of the petitioner is that of a member of a Co-operative Housing Society and order passed under Section 77A(1) of the Maharashtra Co-operative Societies Act, 1960 is the subject matter of challenge in Appeal.

2 908.8373.19 wp.doc In the aforesaid background, in my opinion, the petition at this stage is not maintainable against the finding of maintainability of appeal.

Keeping option open to the petitioner to raise the said issue, in case if the final order is passed against the petitioner, petition stands dismissed.

[NITIN W. SAMBRE, J.]