Renuka 18-WP-8340-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8340 OF 2026 ED Cooper Premises Co Op. Soc. Ltd ...Petitioner V/s. Divisional Joint Registrar and Ors ...Respondents ________________ Mr. Ram Upadhyay a/w Mr. Santoshkumar Dube i/b Law Competere Consultus for Petitioner. Mr. A. A. Alaspurkar, AGP for Respondent No. 1 and 2-State. Mr. Prashant D. Jadhav with Ms. Madhusmita Sahu for Respondent No. 3. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 10 JULY 2026. P.C.: 1) The petition challenges order dated 2 February 2026 passed by the Divisional Joint Registrar dismissing Revision Application No. 486 of 2018 and con<rming the order dated 5 December 2018 passed by the Deputy Registrar under Section 23(2) of the Maharashtra Co-operative Societies Act, 1960. 2) I have heard Mr. Upadhyay, the learned counsel appearing for Petitioner, Mr. Alaspurkar, the learned counsel appearing for Respondent No. 1 and 2, and Mr. Jadhav, the learned counsel appearing for Respondent No. 3. 3) It appears that Respondent No. 3 had applied for transmission of membership in respect of Gala No. 37 after death of his Page No. 1 of 3 10 JULY 2026 2026:BHC-AS:28412 Renuka 18-WP-8340-2026 father. He had apparently produced NOC of his two brothers and one sister. It appears that one of the brothers later on submitted application to the society contending that he had not issued the NOC. Acting on that communication of the brother, the Petitioner-society refused to admit Respondent No.3 as its member. Upon Appeal preferred by Respondent No. 3, the Deputy Registrar has passed order dated 5 December 2018 granting membership in favour of Respondent No. 3. The Petitioner has failed to produce copy of order dated 5 December 2018 passed by the Deputy Registrar. In that sense, the Petition as <led is defective. 4) Even if the defect in the Petition is momentarily ignored, I do not otherwise <nd any reason to interfere in the impugned order of the Divisional Joint Registrar. The dispute is between Respondent No. 3 and his brother. Society has no cause to intermingle in that dispute. Once the NOCs were produced before the society, the society ought to have effected transfer of membership. The affected brother did not <le proceedings challenging the order of the Deputy Registrar. The society is unnecessarily litigating in dispute between the two brothers. It is well settled position that mere grant of membership in a Society does not amount to conferring of title in respect of a unit. If the brother of Respondent No. 3 has claim of title in respect of the Gala, he is free to secure a declaration to that effect from an appropriate Court. Society’s membership records can be brought in tune with declaration of title made by the Civil Court. 5) In view of the above position, I do not <nd any valid reason to interfere in the impugned order. Page No. 2 of 3 10 JULY 2026 Renuka 18-WP-8340-2026 6) Writ Petition is accordingly rejected. Issue of title is left open [SANDEEP V. MARNE, J.] Page No. 3 of 3 10 JULY 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 13/07/2026 15:57:08