1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5249 OF 2009 The Sahebrao Deshmukh Co-op Bank .. Petitioner. Vs. Satish A.Talekar & Ors. .. Respondents. Mr.A.S.Desai for the petitioner. Mr.J.A.Udaipuri i/b M/s.Udaipuri & Co. for respondent no.1. Ms.P.S.Cardozo A.G.P. for respondent nos.5 to 7. CORAM : D.B. BHOSALE, J. DATED : 19TH NOVEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. In view of the order I propose to pass I am not recording detail reasons. The learned counsel for the parties have agreed for the following order: (a) The Divisional Joint Registrar shall proceed to hear and decide revision application filed by respondent no.1 on merits in accordance with law. An issue of limitation is kept open to be raised and considered in further proceedings after the revision is disposed of on merits. All contentions in that regard are kept open. (b) The order of status quo granted by the impugned order in respect of auction proceedings until further orders, in my opinion, is innocuous in view of the fact that the shop in dispute had been 2 auctioned in August, 2002 and the auction purchaser was put in possession thereof in 2002 itself and the sale was also confirmed. In the circumstances paragraph 3 of the operative portion is set aside. However, if the share certificate in respect of the shop in dispute is transferred by respondent no.3 – society in the name of respondent no.4, it shall be subject to outcome of the revision application pending before the Divisional Joint Registrar. It is made clear that respondent no.3 – society shall not further transfer the share certificate from the name of respondent no.4 to any other person. (c) It is open to the petitioner to raise an issue of maintainability of revision on the ground that the applicant in the revision application has not complied with the provisions of Rule 107(13) of the Maharashtra Co-operative Societies Rules. If such an issue is raised, same may be considered on merits and dealt with in accordance with law by the Divisional Joint Registrar. With these observations the writ petition is disposed of. (D. B. Bhosale, J.)