1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8090/2009 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | CORAM: K.U. CHANDIWAL, J. Date: 20.10.2010 The borrower having failed to discharge his liability to clear the debt faced a brunt of certificate in terms of Section 101 of the Maharashtra Cooperative Societies Act, 1960. A proclamation in respect of the mortgaged property was issued, however, no bidder came forward and resultantly the Recovery Officer approached the revenue authorities to effect the mutation. Notice was served to the borrower Dinkar Murlidhar Patil. He was heard. He pointed that Regular Civil Suit No.5/2008 is pending and consequently till its decision, the property should not be mutated in the name of the creditor (respondent no.4). In terms of Rule 85(5), the learned District Deputy Registrar, Cooperative Societies, Jalgaon, by order dated 22.10.2008, directed 2 incorporating name of the respondent no.4 – the creditor for the disputed property. Such mutation by itself will not confer title on the creditor. With the above clarification, the order under challenge, being in legal tune, issued by following due procedure, is maintained. Writ petition is dismissed. No order as to costs. (K.U. Chandiwal, J.) Dt/- 20.10.2010 ndk/c20101021