1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1242 OF 2008 Jayram Khedekar & Ors. .. Petitioners Versus Divisional Joint Registrar abd Ors. .. Respondents Mr.H.D.Patil h/f.Milind Parab & Associates for petitioners Ms.V.S.Mhaspurkar, A.G.P. for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd February 2008 P.C. . It is rather surprising that the Divisional Joint Registrar, Konkan Division, Navi 2 Mumbai has, at the stage at which the matter was brought before him, scrutinised the entire record and has decided the stay application as if he is disposing of the appeal itself finally. The stay application prayed that the order of supersession of the managing committee and appointment of Administrator, passed by the Dy.Registrar, Coop.Societies, Thane on 1st February 2008, should be stayed pending the hearing and final disposal of the appeal. The apprehension was that order passed by the Dy.Registrar would take effect and the Administrator would come and straightway take charge. If the matter was indeed serious the Divisional Joint Registrar should have taken up the appeal for early hearing. It was not expected that he passes piecemeal orders. 2. After refusing stay to the order passed appointing Administrator on the subject society and placing appeal for hearing on 18th March 3 2008, the Divisional Jt.Registrar has virtually frustrated the right of appeal available under section 152 of the M.C.S.Act. The appeal of the petitioners is rendered completely infructuous. 3. In such circumstances, there is no alternative but to quash and set aside the order of the Divisional Joint Registrar. The order passed by the Dy.Registrar C.S. Thane on 1st February 2008 appointing an Administrator and directing him to take charge shall not be acted upon or implemented during the pendency of the appeal. Divisional Joint Registrar has placed the matter on 18th March 2008. He shall endeavour and dispose of the same within two months from today. Petition disposed of accordingly. All contentions are kept open. 4 (S.C.Dharmadhikari, J)