Seema Kashinath More v. Asst. Registrar, Co-Op. Society

42 WP 3960.25.DOC LSP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3960 of 2025 Seema Kashinath More

...Petitioner

Versus

Asst. Registrar, Co-op. Society and others

...Respondents

Mr D.R.Singh, a/w. S.H.Singh i/b. R.B.Singh and Associates, Advocates for the Petitioner.

Mrs Nazia Sheikh, AGP for the Respondents-State. Mr Ajinkya Thakur a/w. Dharmesh Sondagar, for the Respondent No.2.

CORAM:

SUMAN SHYAM & S. M. MODAK, JJ.

by SEEMA KSHITIJ YELKAR Date:

2025.12.17 10:49:43 +0530 SEEMA KSHITIJ YELKAR DATED:

15th December 2025.

PC:- 1.

Heard learned counsel for the Petitioner. Perused the statement made in the Writ Petition.

2.

Issue notice to Respondents, returnable after 8 weeks. Learned AGP waives service of notice for Respondent No.1. Mr. Thakur waives service of notice for Respondent No.2 3.

Court notice be issued to remaining Respondents. 4.

The Petitioner to serve copies to the Registry for issuance of notice.

15th December 2025

42 WP 3960.25.DOC 5.

Heard learned counsel for the parties on the prayer of interim-relief.

6.

The basic grievance of Petitioner is that to secure a loan obtained by the tenants i.e. the Respondent Nos. 4 and 5 from the Respondent No.2, they have created mortgage in respect of the tenanted premises, the ownership of which lies with the Petitioner and now for execution of the recovery certificate, the authorities are seeking to attach and put tenanted premises to auction sale. According to the Petitioner, she has nothing to do with the loan nor has she ever authorised the Respondent Nos.4 and 5 to mortgage the tenanted premises.

7.

In view of above, ad-interim relief, in terms of prayer clause (d), of the petition is granted until further orders. 8.

Stand over to 23rd February 2026.

(S. M. MODAK, J.) (SUMAN SHYAM, J.) { 15th December 2025