1 wp5235.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5235 OF 2010 Afzal Aboobaker Allana ...Petitioner vs. Jer Mansion Co-operative Hsg.Society Ltd. & Ors. ...Respondents Mr.Shoaib I. Memon for the petitioner Mr.Arun Palekar for the respondent no.1 Mr.Suresh Bhosale, A.G.P for respondent nos.2 to 4 CORAM :A.S.OKA,J. DATE : SEPTEMBER 14, 2010 P.C. 1 Heard the learned counsel for the petitioner, learned counsel for the 1st respondent and the learned counsel for the 2nd to 4th respondents. Perused the record of the application for condonation of delay and the revision application. When this Court expressed a view that the writ petition will have to be admitted and the impugned order will have to be stayed, the learned counsel for the 1st respondent states that instead of keeping the petition pending in this Court, the impugned order may be set aside with a direction to the Divisional Joint Registrar to hear the parties on application for condonation of delay and to pass a fresh order. The suggestion made by the 1st respondent is reasonable. 2 Hence, the petition is disposed of by passing the following order : i) Impugned order dated 28th April 2010 is quashed and set aside and the application for condonation of delay in filing revision application no.125 of 2010 is restored. 2 wp5235.sxw ii)There is already a reply filed to the application for condonation of delay by the present petitioner. The Divisional Joint Registrar of Co-operative Societies, Mumbai Division, Mumbai is directed to hear the application for condonation of delay and pass a fresh order.Hearing shall be concluded and a fresh order shall be passed by the Divisional Joint Registrar within a period of six weeks from the date of production of an authenticated copy of this order. iii)All contentions of the parties on merits of the delay condonation application are expressly kept open. iv)There will be no order as to costs. JUDGE