Gajanan Marotrao Tiple v. Assistant Registrar, Co-Operative Society, Wardha And Others

35-wp-2284-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAW) No. 277 of 2024 in Writ Petition (WP) No. 2284 of 2014 Mr. Gajanan Marotrao Tiple

Versus

Assistant Registrar Co-operative Society, Karanja, Tah. Karanja, Dist. Wardha and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Lata G. Tiple, Advocate and Ms. Priyanka Arbat (Awathale), Advocate for the petitioner.

Ms. Aarti Singh Advocate h/f Shri P.D.Meghe, Advocate for the respondent no.2.

Shri N.S.Rao, AGP for the respondent/State.

Ms. Prajakta Lakhani, Advocate h/f Shri M.P.Kariya, Advocate for the respondent no.2.

CORAM : ANIL S. KILOR, J.

DATED : 8th FEBRUARY, 2024.

The present application is filed to make the State Bank of India as a party respondent no.7. 2.

It is the case of the applicant/petitioner that this Court vide order dated 20th January, 2016 directed the respondent no.5 not to create any third party interest and shall not obtain loan by mortgaging the property without seeking prior permission of this Court, during the pendency of this petition. It is submitted SKNair

35-wp-2284-14.odt that, despite this, respondent no.5 obtained the loan from the State Bank of India. It is submitted that during the pendency of this petition, the respondent no.5 died and his legal heirs are brought on record. It is stated that, if the legal heirs of the respondent no.5 commit default in repayment of the loan, the State Bank of India may auction the property in dispute and in that case it would frustrate the purpose of filing of this writ petition.

3.

At this stage, the prayer for addition of State Bank of India as a party respondent No.7 cannot be accepted on the basis of mere apprehension.

4.

In that view of the matter, the application is dismissed.

[ANIL S. KILOR, J.] SKNair