1 wp5934.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5934 OF 2009 Priti Parimal Lalsodagar & Anr. ...Petitioners vs. Harisharan Developers (P) Ltd. And others ...Respondents Mr.Santosh Narwade i/b M/s.M.P.Vashi & Associates for the petitioners Mr.S.D.Rayrikar, A.G.P for the respondent-State Mr.Manoj Shukla for respondent no.1 Mr.Milind Jadhav i/b Mr.Pravin Mehta & Mithi & Co. for respondent no.4 CORAM :A.S.OKA,J. DATE : OCTOBER 26, 2010 P.C. 1 Heard the learned counsel for the petitioners, the learned counsel for first and fourth respondents and the learned A.G.P for the third respondent. In the revision application filed by the first respondent under section 154 of the Maharashtra Co-operative Societies Act,1960 (hereinafter referred to as the said Act), one Smt.Kumud Ladsodgar was impleaded as a second respondent. The said Kumud had filed an application under section 23 of the said Act of 1960 which was allowed by the Sub Registrar. The revision application made by the first respondent was directed against the said order. By the impugned order, the said revision application has been allowed. 2 It is not in dispute that the second respondent in the said application Smt.Kumudben had expired on 19th October 2008. Thus, when the impugned order was passed on 24th April 2009, the said Kumudben had already 2 wp5934.sxw expired. The revision application could not have been proceeded without the first respondent bringing on record the legal representatives of the said Kumudben. 3 Only on this ground, the impugned order deserves to be quashed and set aside by granting liberty to the first respondent to apply for bringing the legal representatives of the deceased second respondent in the revision on record. 4 Hence, the petition is disposed of by passing the following order : i) Impugned order dated 24th April 2009 is quashed and set aside and the revision application no.188 of 2002 is restored to the file of the Divisional Joint Registrar. ii)It will be open for the first respondent to make an application before the Divisional Joint Registrar within a period of eight weeks from today for bringing the legal representatives of the second respondent on record. iii)If such application is made within stipulated time, the Divisional Joint Registrar will decide the same in accordance with law. iv)All contentions of the parties on merits of the revision application are kept open. v) Writ Petition is disposed of on above terms with no order as to costs. JUDGE