Neeta Sawant 16-WP-6307-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6307 OF 2026 Narendra Chadda & Anr. ..Petitioners … : Versus : The Hon ble Divisional Joint ’ Registrar, CS & Ors. .Respondents … Mr. Aseem Naphade with Mr. Santosh Thakur, for the Petitioners. Ms. Shraddha Chavan i b. Mr. Mahendra Agvekar, for Respondent No.4- / Society. Ms. Anjali Purav, AGP for State. CORAM : SANDEEP V. MARNE, J. DATED : 29 AUGUST 2026 P.C : 1) By this petition, Petitioners have challenged order dated 30 May 2025 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai in Revision Application No. 112 2023. The Divisional Joint Registrar has set aside the order dated 18 / January 2023 passed by the Deputy Registrar directing grant of membership in faovur of the petitioners in respect of Unit-1A. 2) I have heard Mr.Naphade, the learned counsel appearing for the Petitioner and Ms. Chavan, appearing for the State. 3) It appears that Respondent No.3 had created mortgage in respect of three units viz, unit no.1, unit no.1A and unit no.2 in favour of the bank. On account of default committed by Respondent No.3 in repayment of loan, the bank auctioned all the three units and Petitioners _____________________________________________________________________________ PAGE NOS. 1 of 4 Saturday, 29 August 2026 Neeta Sawant 16-WP-6307-2026.docx have purchased all the three units vide Sale Certificate dated 4 August 2005. 4) After having purchased the three units in auction, Petitioners applied to the 4th Respondent-society for admitting them as members in respect of all the three units. The society accordingly admitted Petitioners as members qua unit nos.1 and 2. However, in respect of unit no.1A, Respondent No.3 raised an objection that he had never mortgaged the said unit and that the said unit no.1A has not been sold to the Petitioners. Therefore, the society apparently withheld grant of membership in favour of the Petitioners qua unit no.1A. This required Petitioners to approach the Deputy Registrar by filing Appeal under Section 22(2) of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) for securing membership qua unit no.1A. The Deputy Registrar rejected the objection of Respondent No.3 about non-creation of mortgage in respect of unit no.1A and allowed the Appeal by order dated 18 January 2023. The Deputy Registrar directed the society to grant membership to Petitioners qua unit no.1A as well. 5) The society apparently had no qualms about the order dated 18 January 2023 and complied with the same granting membership to Petitioners in respect of unit no.1A. 6) Respondent No.3 got aggrieved by order passed by the Deputy Registrar and preferred revision before the Divisional Joint Registrar. During pendency of revision, disputes got settled between the Petitioners and Respondent No.3 and consent terms came to be filed before the Divisional Joint Registrar on 14 May 2025. Respondent No.3 _____________________________________________________________________________ PAGE NOS. 2 of 4 Saturday, 29 August 2026 Neeta Sawant 16-WP-6307-2026.docx admitted valid acquisition of title in respect of Unit No.1A by the Petitioners. 7) The Divisional Joint Registrar took up Revision Application No.112 2023 for decision. However, it appears that the 4 / th Respondent- Society filed additional written submissions on 16 May 2025 and in a Revision filed by Respondent No.3, sought to agitate its own grievance that unit no.1A is a non-existing and encroached property. Respondent no.4-society contended that unit no.1A forms part of common area and has been encroached upon earlier by Respondent No.3 and now by the Petitioners. The Divisional Joint Registrar got swayed by the said objection raised by the 4th Respondent-society and ignored the position that the Revision was filed by Respondent no.3 and not by the society. Entertaining the objection of the society, the Divisional Joint Registrar has set aside the order passed by the Deputy Registrar. 8) Perusal of the order passed by the Divisional Joint Registrar would indicate that his attention was apparently invited to the fact that membership qua unit no.1A has already been granted in favour of the Petitioners by the society. If society had any objections about legality of construction in respect of unit no.1A, why it obeyed the order of the Deputy Registrar dated 18 January 2023 by grant of membership in favour of the Petitioners is difficult to comprehend. More importantly, Respondent No.3 has been a member qua unit no.1A since the year 2002. The society had not challenged the order passed by the Deputy Registrar on 18 January 2023 and the order was in fact implemented. In a Revision filed by Respondent No.3 questioning creation of mortgage in respect of Unit no.1A, it is not open for the 4th Respondent-society to agitate its _____________________________________________________________________________ PAGE NOS. 3 of 4 Saturday, 29 August 2026 Neeta Sawant 16-WP-6307-2026.docx grievance with regard to the legality of the structure. Respondent No.3 was actually attempting to oppose grant of membership in respect of unit no.1A by contending that he never created mortgage in respect thereof and that he continued to remain in exclusive possession thereof. However, during pendency of the Revision, Respondent No.3 gave up his objection and admitted valid acquisition of title in respect of Unit No.1A by the Petitioners. In such circumstances, it was not open for the 4th Respondent-Society to raise objections regarding legality of structure of Unit-1A. 9) The Divisional Joint Registrar has grossly erred in entertaining the objection raised by the Respondent in the Revision for the purpose of setting aside the order passed by the Deputy Registrar when the Revision Applicant before him did not want the order to be set aside. The impugned order passed by the Divisional Joint Registrar suffers from gross jurisdictional error and deserves to be set aside. 10) Accordingly, I proceed to pass the following order : (i) Order dated 30 May 2025 passed by the Divisional Joint Registrar is set aside. (ii) Order dated 18 January 2023 passed by the Deputy Registrar is confirmed. 11) Writ Petition is allowed in the above terms. there shall be no order as to costs. [SANDEEP V. MARNE, J.] _____________________________________________________________________________ PAGE NOS. 4 of 4 Saturday, 29 August 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.08.31 14:54:47 +0530