Sanjay Dattatraya Kulkarni Talegaonkar v. Shrinivas Bajirao Alais Balajirao Deshmukh Gorthekar

74-wp9492-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 74 WRIT PETITION NO.9492 OF 2021 WITH CA/9486/2021 SANJAY DATTATRAYA KULKARNI TALEGAONKAR

VERSUS

SHRINIVAS BAJIRAO ALAIS BALAJIRAO DESHMUKH GORTHEKAR & ORS.

...

Advocate for Petitioner : Patil Indrale Anand V. AGP for Respondent State: A.A.Jagatkar Adv.Ghatol Patil Shahaji B.for R Nos. 1 to 3 ...

CORAM: MANGESH S PATIL,J.

DATE : 20.10.2021 P.C.:

The petitioner is impugning an interlocutory order passed in a substantive appeal under Section 104 of the Maharashtra Cooperative Societies Act which is still pending. 2] The parties are unanimous that it would be appropriate to direct the appellate authority to decide the appeal within a stipulated time. The learned A.G.P. submits that the appellate authority would decide it within 4 weeks.

3] In view of above, the Writ Petition is disposed of with following directions :

The appellate authority shall decide the appeal finally by extending an opportunity of hearing to the parties before

74-wp9492-21.odt him within a period of 4 weeks from today. The parties shall appear before him on 25/10/2021 and there shall be no need for it to issue any notice to the parties.

4] As far as handing over of charge is concerned, the parties shall maintain status quo as is obtaining today till decision of the appeal.

5] All the issues are kept open including the question of locus standi of the petitioner.

6] It is made clear that this order is being passed with the consent of all the parties.

7] In view of disposal of Writ Petition, Civil Application stand is also disposed of.

[MANGESH S. PATIL,J.] umg/