Mr. Sachin Ghag And ANR v. Deputy Registrar, Co-Operative Societies , Thane And ORS

2026:BHC-AS:23123 Megha 46_wp_3869_23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3869 OF 2023 WITH INTERIM APPLICATION NO.3315 OF 2025 IN WRIT PETITION NO.3869 OF 2023 Sachin Ghag and Anr.

...Petitioners

V/s.

Deputy Registrar, Co-operative Societies, Thane and Ors.

...Respondents

________________ Mr. Suraj Naik for the Petitioners.

Mr. Hamid Mulla, AGP for the Respondent-State. ________________ CORAM: SANDEEP V. MARNE, J.

DATED: 8 JUNE 2026.

P.C.:

1) Petition challenges order dated 18 September 2019 passed by the Hon'ble Minister, Co-operation, State of Maharashtra, Mumbai (Hon'ble Minister) dismissing Revision Application No.712 of 2018 and confirming the order dated 14 August 2018 passed by the Divisional Joint Registrar, Co-operative Societies, Thane (Divisional Joint Registrar) and order dated 19 March 2016 passed by the Deputy Registrar, Co-operative Societies, Thane (Deputy Registrar). By order dated 19 March 2016 the 1 of

Megha 46_wp_3869_23 Deputy Registrar had directed the Society to admit Respondent No.2 as a member in respect of the flat in question.

2) Heard Mr. Naik, the learned counsel appearing for the Petitioners and Mr. Mulla, the learned AGP for the Respondent-State and considered the submissions canvassed by them.

3) Petitioners claim that they have also purchased the flat in question from the Developer by paying the full amount of consideration. Petitioners claim that they are in exclusive possession of the flat in question. However, perusal of orders passed by the Deputy Registrar, Divisional Joint Registrar and Hon'ble Minister would indicate that Respondent No.2 has purchased the flat in question through registered Agreement for Sale. Whereas the document, on the strength of which Petitioners claim ownership in respect of the flat, is unregistered. It appears that the Petitioners have filed Special Civil Suit No.664 of 2016 before the Court of Civil Judge, Senior Division, Thane, inter alia challenging registered Sale Deed dated 21 November 2013 executed in favour of Respondent No.2.

4) It is well settled position that mere admission of a person as a member of a co-operative Society does not make him/her owner of the flat /unit. Ultimately, the issue of ownership can be decided by the Civil Court dehors of the factum of admission of a person as a member of cooperative society. In the present case also issue of title will be decided by the Civil Court in Special Civil Suit No.664 of 2016. As of now, Respondent No.2 is granted membership in respect of the flat in 2 of

Megha 46_wp_3869_23 question. In case Petitioners succeed in Special Civil Suit No.664 of 2016, necessary changes in the membership register can always be effected. 5) In view of the above, I do not find any valid reason to interfere in the impugned orders passed by the Deputy Registrar, Divisional Joint Registrar and Hon'ble Minister. Writ Petition is accordingly dismissed. However, it is clarified that Special Civil Suit No.664 of 2016 shall be decided uninfluenced by the observations made by the Deputy Registrar, Divisional Joint Registrar, Hon'ble Minister and by this Court. 6) With the dismissal of the Writ Petition, nothing would survive in the pending Interim Application, which is also disposed of. [SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 10/06/2026 12:30:34 3 of