Dhanraj S/O Chaganlal Dangra v. Divisional Deputy Registrar, Co-Operative Societies, Amravati And Others

2025:BHC-NAG:10301 1 52. WP5532.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5532/2025 DHANRAJ S/O CHAGANLAL DANGRA

VERSUS

DIVISIONAL DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, AMRAVATI AND ORS. Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri J. B. Kasat, counsel for the petitioner. Shri. V. B. Bhise, counsel for the respondent no. 4. CORAM : PRAFULLA S. KHUBALKAR, J.

D ATE : OCTOBER 1, 2025 1.

Heard learned counsel for petitioner as well as respondents. The petitioner's grievance is related to threat of dispossession from dwelling house and inaction to decide the application filed by the petitioner for grant of status-quo during pendency of the application for grant of stay in the proceedings of appeal under Section 18 (4) of Maharashtra Money Lending (Regulation) Act, 2014. It is undisputed position that the statutory appeal filed by the petitioner under Section 18 (4) is pending before the respondent no. 1 in which an application for grant of stay is also pending. The petitioner has approached to this Court on account of apprehension of being dispossessed despite pendency of the application for stay, in the pending appeal.

2.

Apart from advancing contentions on merits, counsel for petitioner submits that the respondent no. 1 being the authority dealing with the appeal be directed to decide the application for stay and the appeal, so that the controversy is decided on merits.

2 52. WP5532.25.odt Learned counsel for respondent no. 4 fairly states that he also desires to raise all the contention on merits in the pending appeal. 3.

In these circumstances, it is in the interest of justice that the appeal is decided on merits. The respondent no. 1 is directed to decide the pending appeal bearing Appeal No. 10/2025 within a period of one month from today after granting opportunity of hearing to both the parties.

4.

Considering the fact that the petitioners are residing in the dwelling house which is subject matter of the proceedings, parties are directed to maintain status quo during the pendency of the appeal before the respondent no. 1.

5.

In view of this, Writ Petition is disposed of. Needless to mention all issues raised on merits are kept open. (PRAFULLA S. KHUBALKAR, J.) S.B. Raut