1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 1686 OF 2009 1 Mohd Abrar s/o Mohd Nawaz age 47 years, occ service in SBH Aurangabad r/o Rehemaniya Colony, Road no. 1, galli no.2 Kiradpura Bus Stopo Mohd Vikar Manzir, Aurangabad. 2 Smt. Saleha w/o Sk. Mansoor age 51 years, occ household r/o Tembhurni, Tq. Jafrabad Dist. Jalna. 3 Smt. Shaheda w/o Sk. Nazimoddin age 36 years, occ. household r/o Roshan Gate, Aurangabad. 4 Smt. Mohasina w/o Jahiroddin age 31 years, occ. household r/o Jinai, Aurangabad. 5 Smt. Shameshad d/o Mohd Nawaz age 26 years, occ. household r/o Rahemaniya Colony road no. 1, Galli no. 2, Kiradpura Bus Stop, Mohd Vikar Manzil Aurangabad. .. PETITIONERS VERSUS 2 1 The State of Maharashtra through Collector, Jalna. 2 The Tahsildar, Tahsil Office Jafrabad, Dist. Jalna. 3 Mohd. Murtaja s/o Mohd. Roshan age 70 years, occ. Agriculture r/o near Darga, Chikhli, Tq. Chikhli Dist. Buldhana 4 Mohd. Shabbir s/o Mohd. Sarver age major, occ. agriculture r/o Khamgaon, Tq. Khamgaon Dist. Buldhana. 5 Dajiba s/o Yeshwanta Bhalke (since deceased through LRs) 5A Sundrabai w/o Dajiba Bhalke age major, occ. household 5B Raghunath s/o Dajiba Bhalke age major, occ. agriculture 5C Pandharinath s/o Dajiba Bhalke age major, occ. agriculture 5D Padma @ Padmin d/o Dajiba Bhalke age major. occ household 5E Satyabhama d/o Dajiba Bhalke age major, occ. household 5F Kalavatibai d/o Dajiba Bhalke age major, occ. household All r/o Pimpalkheda, Tq. Jafrabad, Dist. Jalna. 3 6 Anna s/o Kisan Bhalke (Since died through LRs) 6A Kamalbai w/o Anna Bhalke age major, occ. household 6B Kailash s/o Anna Bhalke age major, occ. agriculture 6C Sunil s/o Anna Bhalke age major, occ. agriculture 6D Vimal d/o Anna Bhalke age major, occ household all r/o Pimpalkheda, Tq. Jafrabad Dist. Jalna. 7 Smt. Fatemabee w/o Tayab Ali age 40 years, occ. agriculture & household r/o KGN Auto Electrical Works Shop no. 2 to 10 , Besides Real Bakery Street no. 1, Hapsiguda, Hyderagbad 7 Andhra Pradesh 8 Sk. Alim s/o Sk. Rahim age 41 years, occ agriculture r/o Main Road, Jafrabad. 9 Venkatesh Cotton Ginning and Pressing co operative Sanstha through its Liquidator Maharashtra State Co-op. Bank Ltd Branch Jafrabad, Dist. Jalna. 9-A The Liquidator Venkatesh Cotton Ginning and Pressing Society Jafrabad c/o Maharashtra State co-op Bank Ltd 4 Division Office Near BSNL Office, Town Centre CIDCO, N-5, New Aurangabad. 10 Mehboob s/o Tayab Ali age major, occ agriculture r/o KGN Auto Electrical Works Shop no. 2 to 10, Besides Real bakery Street no. 1, Hapsiguda , Hyderabad 7 Andhra Pradesh 11 Kalandar s/o Tayab Ali age major, occ. agriculture r/o KGN Auto Electrical Works Shop no. 2 to 10, Besides Real bakery Street no. 1, Hapsiguda , Hyderabad 7 Andhra Pradesh 12 Kudrat Ali s/o Tayab Ali age major, occl agriculture r/o KGN Auto Electrical Works Shop no. 2 to 10, Besides Real bakery Street no. 1, Hapsiguda , Hyderabad 7 Andhra Pradesh 13 Tayab Ali s/o Mohd Ali age major, occ agriculture r/o KGN Auto Electrical Works Shop no. 2 to 10, Besides Real bakery Street no. 1, Hapsiguda , Hyderabad 7 Andhra Pradesh 14 Arefbin s/o Sayeed Badam age major, occ service r/o Jafrabad 15 Tarkhbin s/o Sayed Badam age major, occ Education r/o Jafrabad 5 16 Mohd Taher s/o Mohdh Abbas age 50 years, occ. agriculture r/o Jafrabad. 17 Smt. Sakhubai w/o Shriram Borde age 35 years, occ. household r/o Janephal, Tq. Jafragbad, Dist. Jalna. 18 Saheb Ali Sarfarajkhan age 35 years, occ agriculture r/o Mangrul, Tq. Jafrabad 19 Salimkhan s/o Sarfarajkhan age 30 years, occ. agriculture r/o Mangrul, Tq. Jafrabad 20 Abdul Quadir s/o Abdul Quedir age 38 years, occ. agriculture r/o Jafrabad 21 Sk. Rafiq s/o Sk. Razzak age 20 years, occ. agriculture r/o Jafrabad 22 Sk Alim s/o Sk. Ismail age 27 years, occ agriculture r/o Jafrabad, Taluka Jafrabad Dist. Jalna. .. RESPONDENTS Mr. S.R. Deshpande, Advocate for the petitioners. Mr. S.D. kaldate, AGP for respondent nos. 1 and 2. Mr. G.G. Navandar, Advocate holding for Mr. D.B. Bhange, Advocate for respondent no. 9. ===== 6 CORAM : R. M. BORDE, J. DATE : 20 th November, 2009 ORAL JUDGMENT : 1 Heard. 2 Rule. With the consent of the parties, the matter is taken up for final disposal at admission stage. 3 Order passed by the Civil Judge, Sr.Dn., Jalna on 13-8-2008 below exh. 119 in Regular Civil Suit no. 440/2003 is subject matter of challenge in this petition. 4 Petitioners are the original plaintiffs who presented suit against the respondents herein claiming recovery of possession and perpetual injunction. Respondents during the continuance of the litigation presented application under Order I Rule 10 of the Code of Civil Procedure seeking impleadment of liquidator as party to the proceeding. Accordingly, application tendered by the respondents / original defendants was considered favourably by the trial court and the liquidator was directed to be impleaded in the suit as defendant. Objection appears to have been 7 raised contending that the impleadment of the liquidator is without observing the procedure prescribed under section 107 of the Mahrashtra Co-operative Societies Act. It is contended that no permission from the Registrar of the co-operative societies is sought for prosecuting the litigation against the liquidator and as such he cannot be a party to the proceeding and litigation cannot be continued against him. On consideration of objection raised in the proceeding, trial court directed dismissal of the suit against respondent nos. 9 and 9(a) for want of leave under section 107 of the Maharahstra Co-operative Societies Act. Learned counsel for the petitioner has brought to my notice order passed by the District Deputy Registrar, Co-operative Societies, Jalna on 28-10-2009 whereby leave has been granted for prosecuting litigation against the liquidator. Order has been passed by the District Deputy Registrar granting leave in exercise of powers under section 107 of the Maharashtra Co-operative Societies Act. Considering the order passed by the District Deputy Registrar, objection raised in the proceeding is unsustainable. The impugned order therefore shall have to be quashed and set aside. In this view of the matter, the petition is allowed. Order passed by the Civil Judge, Sr.Dn., Jalna on 13-8-2008 below exh. 119 in Regular Civil Suit no. 440/2003 is quashed and set 8 aside. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs. ( R. M. BORDE, J.) dyb/office/wp1686.09.odt