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Bombay High CourtCA/10350/2025disposed off

Pimpalwad Mhalsa Vividh Karyakari Seva Sahakari Society Through Sunil Sukhdev Patil v. Ramchandra Babruvahan Patil

2026-02-10Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

2026:BHC-AUG:6400 1 57 WP 4954-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 WRIT PETITION NO. 4954 OF 2023 WITH CIVIL APPLICATION NO. 10350 OF 2025 IN WP/4954/2023 WITH CIVIL APPLICATION NO. 12659 OF 2024 IN WP/4954/2023 RAMCHANDRA BABRUVAHAN PATIL

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Mr. K.B. Jadhav - Advocate for Petitioner Mr. B.A. Shinde - AGP for Respondent No.1 Mr. Y.A. Jadhav - Advocate for Respondent No.4 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

10.02.2026 PER COURT :

1.

After arguing the matter for some time, learned Counsel for the petitioner points out that during the pendency of the present Writ Petition, the report has already been submitted pursuant to the proceedings arising out of the interim order passed by this Court. 2.

It is further submitted that, now that the report has been submitted, the petitioner is required to challenge the same by filing an appropriate appeal under the provisions of the Maharashtra Co-operative Societies Act, 1960.

3.

In view thereof, the Writ Petition stands disposed of. 4.

Pending Civil Application Nos.10350 of 2025 and 12659 of 2024 also stand disposed of.

2 57 WP 4954-2023.odt 5.

The petitioner is granted liberty to file an appeal within a period of six (6) weeks from today. The appellate authority shall decide the said appeal within a period of four (4) months thereafter. 6.

The delay caused in prosecuting the present petition shall be taken into consideration by the appellate authority while considering the application for condonation of delay.

7.

Learned Counsel for the petitioner prays for continuation of interim relief. Learned Counsel for the respondent opposes the same. 8.

As regards continuation of the interim relief, it is noted that this Court had granted interim relief on 27.11.2024, which has been continued from time to time. In that view of the matter, the interim relief granted earlier is directed to continue till the appellate authority decides the appeal on its own merits.

9.

It is clarified that the interim relief was not granted on the merits of the matter and is continued only on the ground that such protection was operating earlier.

10.

The appellate authority shall decide the appeal and any interim application filed therein on its own merits and in accordance with law, without being influenced by the interim orders passed by this Court. 11.

All contentions of the parties are kept open. [ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/