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2019 Supreme(Bom) 1203

R.D.DHANUKA
Jay Anant Sagar Co-op. Housing Society – Appellant
Versus
Divisional Joint Registrar Cooperative Societies – Respondent


Advocates Appeared:
For the Appellant : Mr. N.N. Bhadrashete.
For the Respondent: Mr. Rajiv Mane, Assistant Government Pleader, Mr. Chandrakant P. Deogirigkar.

JUDGMENT :

1. By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order dated 30th March, 2016 passed by the Divisional Joint Registrar, Co-operative Societies, thereby dismissing the revision application filed by the petitioner and allowing the application filed by the respondent no.3 under section 23(2) of the Maharashtra Co-operative Societies Act, 1960 respectively (for short the said MCS Act). Some of the relevant facts for the purpose of deciding this petition are as under :-

2. Mr.Vishnu Tukaram Sarang, the father of the respondent no.3 is a member of the petitioner society and had been allotted flat no.A/2 on the Ground Floor of the building of the petitioner society. It is the case of the petitioner that the respondent no.3 made an application dated 16th February,2015 with the office of the learned Assistant Registrar, Co-operative Societies under section 23(2) of the MCS Act praying for deemed membership in respect of the said flat no.A/2 situated on the ground floor of the building of the petitioner society. In the said application under section 23(2), the respondent no.3 contended that he was granted 'no objection' by the

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