LAWS(BOM)-2022-9-29

DR. BABASAHEB AMBEDKAR NAGARI Vs. DIVISIONAL JOINT REGISTRAR

Decided On September 05, 2022
Dr. Babasaheb Ambedkar Nagari Appellant
V/S
DIVISIONAL JOINT REGISTRAR Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of both the sides, the matter is heard finally at the stage of admission.

(2.) By way of the present petition, the petitioner challenges the order dtd. 14/10/2020 passed by the Divisional Joint Registrar, Co-operative Societies, Aurangabad in Miscellaneous Application No.7/2020. By the impugned order, delay of 11 years in filing the Revision Petition has been condoned by the Divisional Joint Registrar.

(3.) Mr. Suryawanshi, learned counsel appearing for the petitioner submits that the recovery certificate was issued by the Deputy Registrar on 31/12/2009 and the same was served upon respondent no.3 on 12/1/2010. He submits that, the approval for offset price for sale of the property was issued on 28/12/2013 and auction notice was published on 25/7/2013. He further submits that sale of the property was effected by way of sale certificate dtd. 27/5/2014. It is further submitted that on account of pendency of Regular Civil Suit No.144/2014 filed by respondent no.3 before the Civil Judge Senior Division, Aurangabad for restraining the petitioner Bank from selling the suit property, the sale transaction could not be registered. Subsequently, the Suit was dismissed and the sale deed was registered on 20/2/2019.