Shabbir Shah S/O Sheru Shah And Another v. Purushottam Narayanrao Upadhye And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5466/2019 Shabbir Shah & anr.

..VS..

Puroshottam N. Upadhye & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Y.S. Gorle, Advocate for the petitioner(s) CORAM : Z.A.HAQ, J.

DATED : 05/08/2019 Heard.

Issue notice to the respondents, returnable on 04/09/2019.

Shri V.B. Bhise, Advocate waives notice for the respondent no. 1 and Shri N.R. Patil, AGP waives notice for the respondent nos. 3 and 4.

In the petition, prayer for interim order is as follows:- "(iv) Grant stay to the proceedings in appeal No. 33/2019 (Shabbir Shah Sheru Shah and other VS. Purushottam Narayan Upadhaye and other) pending before the Respondent No. 3 - Divisional Joint Registrar of Cooperative Societies and Registrar of Money-Lending, Amravati filed under Section 18 (4) of Money-Lending Act, 2014 during the pendency of instant Writ Petition."

2 wp5466.19 The above prayer does not require any immediate consideration, at this stage.

C.A.W. NO. 2110/2019 By this civil application, the petitioners have pointed out subsequent events and have prayed that the effect, operation and execution of the order passed by the Tahsildar, Karanja on 31/07/2019 be stayed. By the order dated 31/07/2019, the Tahsildar has appointed officers to take action as per the order passed by the respondent no. 4 - District Deputy Registrar on 31/05/2019. The order passed by the respondent no. 4 - District Deputy Registrar on 31/05/2019 is not the subject matter of challenge in the petition.

The respondent no. 1 has filed caveat application praying that any interim order need not be passed in any matter challenging the order passed by the respondent no. 4 - District Deputy Registrar on 31/05/2019.

Shri V.B. Bhise, Advocate who appears for the respondent no. 1 on caveat has made grievance that copy of the petition is not served on him or on the respondent no. 1. The advocate for the petitioners submitted that the order dated 31/05/2019 is not challenged in the petition, and therefore copy of the petition is not served on the caveator or his advocate.

3 wp5466.19 This petition was circulated urgently for 2:30 pm. From the conduct of the petitioners, I find that there has been an attempt to obtain ex-parte interim order at the back of the caveator. Hence, the C.A. is dismissed.

JUDGE Ansari