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Bombay High CourtWP/12587/2018disposed offdismissed for default

Baliram Dagadu Dhavale v. The State Of Maharashtra And Others

2018-11-19Hon'Ble Shri Justice Nitin Jamdar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12587 of 2018 Baliram Dagadu Dhavale

Versus

The State of Maharashtra & ors.

...

Mr. R.D. Kawade, Advocate for the petitioner Mr. S.W. Munde, AGP for the respondent/State ...

Coram : N.M. Jamdar, J.

Date: 19 November 2018 Oral Order :

By this petition, the petitioner has challenged the order passed by the Divisional Joint Registrar, Co-operative Societies dated 10 October 2018 rejecting the application for interim relief in the pending appeal before him. The petitioner has filed an appeal challenging the order passed by the District Deputy Registrar, Co-operative Societies dated 31 August 2018 declaring the sale deed executed in favour of the petitioner as illegal under the Maharashtra Money-Lending (Regulation) Act, 2014.

WP_12587_2018 As regards the interim order is concerned, the sale deed has already been set aside. As far as possession of petitioner is concerned, it appears that he has filed a civil suit and has sought a temporary injunction in respect of his possession. Therefore, the learned Divisional Joint Registrar has rightly not considered the interim order. As regards the changes in revenue records are concerned, it is obvious that they do not confer any substantive rights and they will be subject to outcome of the appeal and such substantive proceedings, which are pending between the parties.

Considering the above facts, this writ petition is disposed of. The Divisional Commissioner shall dispose of the appeal of the petitioner as early as possible.

N.M. Jamdar, J.

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