IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7767 OF 2008 WRIT PETITION NO.7767 OF 2008 WRIT PETITION NO.7767 OF 2008 Smt. Ramabai Nivrutti Pandit & Ors. ..Petitioners. V/s. The State of Maharashtra & ors. ..Respondents. Mr.P.S.Dani for petitioners. Mr.A.I.I.Patil, A.G.P. for State. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 28TH NOVEMBER,2008. DATED : 28TH NOVEMBER,2008. DATED : 28TH NOVEMBER,2008. P.C. :- P.C. :- P.C. :- 1. The petitioners had filed an appeal before the Divisional Joint Registrar against the order passed by the Deputy Registrar on 10/11/2008 under section 78 of the Maharashtra Co-operative Societies Act, 1960. In the said appeal, the petitioners had taken out a stay application seeking stay of the order passed on 10/11/2008. By the impugned order dated 19/11/2008, the Divisional Joint Registrar merely issued a notice returnable on 26/11/2008 and expressed no opinion regarding the merits or demerits of the stay application. 2. When stay of the order dated 10/11/2008 was sought, it was obligatory on the part of the - = : 2 : = - Divisional Registrar either to grant temporary stay or refuse stay as he deemed fit by recording reasons. The Divisional Joint Registrar has neither granted stay nor declined to grant stay. In my opinion, without going into the merits of the case, it would be just and proper to pass the following order. a) Divisional Joint Registrar shall consider the stay application filed by the petitioners and pass appropriate order on or before 8th December, 2008. b) In the meantime, operation of the order passed by the Deputy Registrar on 10/11/2008 shall remain stayed till then. c) The Divisional Joint Registrar is shall dispose of the stay application without being influenced by this order. 3. Petition is disposed of accordingly with no order as to costs. Parties to act on an ordinary copy of this order duly authenticated by the P.A. - = : 3 : = - (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)