ICHALKARANJI EX-SERVICEMAN Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of parties, matter is taken up for final hearing at admission stage.

(2.) The petitioner impugns order dtd. 11/2/2025 passed by Division Joint Registrar, Co-operative Societies, Kolhapur-respondent no.1 in Revision Application No.318/2024, thereby upholding order dtd. 23/8/2024 passed by Deputy Registrar, Co-operative Societiesrespondent no.2 under Sec. 23(2) of Maharashtra Co-operative Societies Act, 1960 (for the sake of brevity hereinafter referred as 'MCS Act, 1960 '), thereby directing petitioner-Society to admit respondent no.3 as member and issue no objection for transfer of plot.

(3.) The plot no.11 admeasuring 331 square meter, which is part and parcel of City Survey No.117 is subject matter of dispute. The petitioner-Housing Society owns land in City Survey No.117. It was allotted to Society by State Government. The Society is formed with purpose to allot plots to its members. As per original allotment, petitioner-Society had Class-II occupancy. The suit plot no.11 was initially allotted to original member Mr. Jaysing Ghadge, who in turn transferred ownership to Mr. Subodh Khamkar with permission of Society. Mr. Khamkar entered into an agreement to sale dtd. 7/9/2023 with respondent no.3-Vikita Adani. She had instituted Regular Civil Suit No.169/2023 seeking specific performance of contract against Mr. Khamkar. The suit came to be decreed on 30/1/2024 in terms of compromise decree.