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2018 Supreme(Bom) 1212

MANISH PITALE
Aniruddha s/o Sadashiv Pande – Appellant
Versus
Divisional Joint Registrar Co-operative Societies, Amravati – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Subodh Dharmadhikari, Senior Advocate with Mr. A.A. Pande, Advocate
For the Respondent:Mrs. Geeta Tiwari, AGP Mr. P.M. Pande, Mr. Abhay Sambre, Advocate

JUDGMENT :

1. Rule, returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

2. The subject matter of challenge in this writ petition is order dated 13.04.2016 passed by the respondent no.1- the Divisional Joint Registrar Cooperative Societies, Amravati, whereby revision application filed by respondent no.5 was allowed and it was directed that sale of property (plot) be confirmed in favour of respondent no.5 as the auction purchaser who had deposited the entire amount offered by him in an auction conducted by the respondent no.3- the Yavatmal Urban Cooperative Bank Ltd. Yavatmal. The said auction was conducted to recover dues payable by the petitioner herein to the respondent no.3-Bank for a loan that he had taken from the Bank. The central question that arises for consideration in the present writ petition is, as to whether a vested right had accrued in favour of respondent no.5 in the present case whereby it could be said that sale through the aforesaid process of auction stood confirmed in his favour and in that context whether the respondent no.2-the District Deputy Register of Cooperative Societies was justified in permitting the pet





























































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