:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1718 OF 2008 WRIT PETITION NO. 1718 OF 2008 WRIT PETITION NO. 1718 OF 2008 Shree Arihant Apartment Co-op. Housing Society Ltd. ..Petitioner versus The Divisional Joint Registrar & Ors. ..Respondents Mr. Sanjay Jain, Mr. R. B. Jain and Mr. Sandeep Dhangar i/b. M/s. Legal Juris for the Petitioner. Mr. M.P.S. Rao with Mr. Girish Kulkarni with Mr. Sandeep Waghmare for the Respondent Nos. 3 and 4. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 20TH AUGUST, 2008. DATE : 20TH AUGUST, 2008. DATE : 20TH AUGUST, 2008. P.C. P.C. P.C. . Rule, returnable forthwith. Heard by consent. 2. Mr. Jain, learned counsel for the petitioner challenges the directions of the Deputy Registrar as being beyond the scope of Section 79(2) of the Maharashtra Co-operative Societies Act. The Deputy Registrar has given the following directions: (1) That the society to issue share certificate in the name of Dr. Dileep B. Raja and Smt. :2: Leelavati Raja in respect of flat No. 701 and 701A. (2) Similarly not to raise dispute about terrace premises of flat nos. 701 and 701-A of Shri and Smt. Raja as the Builder has granted possession and ownership of terrace as per sale deed to them and hence society cannot raise dispute in that respect which please take note of. (3) Similarly, if Shri and Smt. Raja wanted to make sale of their flat/s in future, the permission is being granted through this office and hence society should not raise any hurdle or obstruction in that respect. 3. As regards direction No.1, the learned counsel for the petitioner states that the share certificate has already been awarded. Hence direction has worked out itself. 4. As far as direction No. 2 is concerned, Mr. Rao and Mr. Kulkarni, learned counsel for the Respondent Nos. 3 and 4 agree to direction No.2 being set aside. Accordingly, it is set aside. 5. As far as direction No.3 is concerned, I find that the direction is in the nature of anticipatory relief granted by the Deputy Registrar. It is clearly impermissible. The direction No. 3 is accordingly set aside. :3: 6. Order of the Appellate Court stands modified to the above extent. 7. Parties shall be at liberty to raise a dispute as and when occasion arises in accordance with law before appropriate Forum. 8. Rule is made absolute in the aforesaid terms. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)