Meerabai Pandurang Mohite And Others v. District Registrar Money Lending And Another

(1) 17wp7950.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 WRIT PETITION NO.7950 OF 2023 MEERABAI PANDURANG MOHITE AND OTHERS

VERSUS

DISTRICT REGISTRAR MONEY LENDING AND ANOTHER Mr. Sanjay A. Wakure, Advocate for the petitioners Mr. S. B. Pulkundwar, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE: 12th JULY, 2023 P. C.

1.

Heard the petitioners for sometime.

2.

The petitioners have challenged the order passed by the District Registrar (Money Lending) & District Sub-Registrar Cooperative Societies, Osmanabad wherein suit of the respondent came to be allowed holding that sale deed executed by the respondent in favour of this petition is invalid in view of the provision of Money Lending Act. In the said order, it is made clear that the petitioner can file an appeal before the appellate authority, in spite of that the petition is filed.

(2) 17wp7950.23 3.

This court finds that in view of specific remedy available no exceptional circumstances are made out to entertain the application. It would be proper to dispose off the petition.

4.

Accordingly, the petition stands disposed off. 5.

The authorities shall consider the time spent in prosecuting this petition while considering the application for condnation delay.

6.

Till the petitioner approaches the appellate authority, status-quo be maintained.

7.

It is made clear that the appellate authority shall consider the application for stay, if filed on its own merits. [KISHORE C. SANT, J.] VishalK/17wp7950.23