Yashwant Vithalrao Chaudhari And ANR v. The State Of Maharashtra Through Secretary And ORS

14-WP-3702-26.doc SAYALI DEEPAK UPASANI Sayali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by SAYALI DEEPAK UPASANI Date: 2026.03.23 14:33:11 +0530 WRIT PETITION NO. 3702 OF 2026 Kashyap Mansuklal ... Petitioner V/s.

Divisional Joint Registrar of Co-op Soc Pune and Others ... Respondents Mr. Harshal Parab, for Petitioner.

Mr. Sumant R. Deshpande i/b Daulat Himge, for Respondent no. 3.

Mr. S. L. Babar, AGP for State-Respondent Nos. 1 and 2.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 23, 2026 P.C.:

1.

The primary grievance of the petitioner is that his interim application in an appeal challenging the order approving the resolution of the society granting approval to the decision of the society to expel the petitioner from respondent no. 3 - housing society, has not been granted. One of the grounds raised is that out of 214 members, only 32 members were present and 28 members supported the Resolution. Moreover, according to him, mere filing of complaints is not sufficient to expel a member of a housing society from his membership rights.

14-WP-3702-26.doc 2.

In my opinion, considering the nature of the controversy involved, the appellate authority ought to have granted interim protection in favour of the petitioner, since the appeal is against an order approving the expulsion of the petitioner. 3.

Hence, in the interest of justice, during the pendency of Appeal No. 42 of 2026, the order of expulsion shall remain stayed.

4.

The appellate authority shall decide the appeal uninfluenced by the observations made in the present order. The appeal shall be decided as expeditiously as possible. 5.

The petition stands disposed of.

(AMIT BORKAR, J.)