LIQUIDATOR FOR, AAMDAR BALASAHEB Vs. YADAV DAGADU ANDHALE

JUDGEMENT

(1.) The two writ petitions challenge two distinct orders but since the orders impugned arise out of the similar background, the petitions were heard together and being disposed off by this common judgment.

(2.) In writ petition no. 14178 of 2017, the liquidator of 'Aamdar Balasaheb Thorat' Nagari Sahakari Pat Sanstha Ltd., Ashwi, Tq. Sangamner, Dist. Ahmednagar (hereinafter referred to as 'Pat Sanstha') is the petitioner along with one Shri. Yadav Dagadu Andhale and Smt. Parvatabai Yadav Andhale as the respondent nos. 1 and 2. The Divisonal Joint Registrar of Cooperative Societies, Nashik Division, Nashik and the Secretary of the Co-operative Department, State of Maharashtra, Mumbai, are the other respondents. The said writ petition pose a challenge to the order passed by the Civil Judge Senior Division, Sangamner in Spl. Darkhast No. 102/2002, dtd. 29/4/2017 passed below Exh. 168 and the petitioner seek a relief to the effect that the application filed by the petitioner on 13/3/2015 on the ground that the power exercised by the Divisional Joint Registrar on 5/3/2013, thereby granting permission to continue the Darkhast by invoking power under Sec. 107 of the Maharashtra Cooperative Societies Act, 1960 be allowed. The said writ petition assail the power of the Divisional Joint Registrar to pass the said order, and the ground raised in the petition is to the effect that when the power of the Registrar are conferred on the Dy. Registrar for the Taluka, then whether the Divisional Joint Registrar of the Cooperative Societies was empowered to exercise the said power. . In another writ petition no. 14796/2019, the petitioners are Yadav Andhale and Parvatabai Andhale and the petition is instituted against the liquidator of the Pat Sanstha and the Divisional Joint Registrar of Cooperative Societies and the State of Maharashtra and raise a challenge to the order passed by the Civil Judge Senior Division, Sangamner, rejecting the application below Exh. 204 filed by the petitioners for the purposes of continuing the proceedings in Reg. Darkhast against the properties mentioned therein vide Gram Panchayat Milkat No. 10 and subsequently numbered as 11 and the application of the petitioners came to be rejected on the ground that the petitioners failed to demonstrate that the property under attachment being Gram Panchayat Milkat No. 9 which came to be attached in the execution proceedings under Order 21 Rule 66 CPC, is not the same property as Gram Panchayat Milkat Property No. 10 and 11.

(3.) The brief background for institution of the Reg. Darkhast would reveal that the petitioners Yadav Andhale and Parvatabai Andhale filed a Suit bearing no. 377/1998 for recovery of amount deposited with the respondent No. 1 - 'Pat Sanstha' before the learned Co-operative Court at Kopargaon which came to be decreed on 31/8/2002, wherein the Co-operative Court directed the respondent no.1 to pay an amount of Rs.2,86,260.00 along with interest @18% p.a. from 1/8/1997 upto realization of the entire amount.