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Bombay High Court

Falguni Nikesh MehtaversusThe Divisional Joint Registrar, Co Operative Societies, Mumbai Division

Decided
Disposal
Disposed Off

Holding

The Court held that the Divisional Joint Registrar correctly granted a status‑quo order during the pendency of the revision application.

Summary

The petitioner filed a writ petition challenging an interim order dated 23 June 2026, wherein the Divisional Joint Registrar of Co-operative Societies, Mumbai Division, directed the parties to maintain the status quo pending a revision application concerning the petitioner’s request for separate membership of a unit measuring 85 square feet. The High Court examined whether the Registrar was within its jurisdiction to grant such a status‑quo order. The Court held that the Registrar had correctly exercised its powers to preserve the status quo while the revision application is pending. It directed the petitioner to approach the Registrar for an expeditious hearing of the revision application if there were any apprehensions about the society’s redevelopment decisions. Consequently, the writ petition was disposed of without any further orders, leaving the parties’ substantive contentions open for determination in the pending revision proceeding.

Issues considered

  • Whether the interim order of status quo granted by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, is maintainable and cannot be set aside by a writ petition.

Subjects

  • Co-operative Societies
  • interim relief
  • status quo
  • revision application
  • civil procedure
  • membership rights

Judgment

2026:BHC-AS:35713
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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO.11369 OF 2026

             Falguni Nikesh Mehta                                        ....Petitioner
                  V/S
             The Divisional Joint Registrar
             Co-operative Societies Mumbai Division & Ors.               ....Respondents
                                            _________

             Mr. Carl Patel for the Petitioner.
             Ms. Sulbha Chipade,AGP for Respondent Nos.1, 3 and 4/State.
                                               __________


                                        CORAM : SANDEEP V. MARNE, J.
                                        DATE : 31 AUGUST 2026.

             P.C.:


             1.       Heard the learned counsel appearing for the Petitioner.


             2.       The Petition is directed against mere interim order granted by the
             Divisional Joint Registrar, Co-operative Societies, Mumbai Division on 23
             June 2026 directing parties to maintain status quo in respect of Deputy
             Registrar’s order dated 24 March 2026. Petitioner’s prayer before the
             Deputy Registrar was for grant of separate membership qua unit
             admeasuring 85 square feet. Considering this position in my view, the
             Divisional Joint Registrar has rightly granted the order of status quo
             during pendency of the Revision Application. It would be for the
             Petitioner to request Divisional Joint Registrar to decide the pending
             Revision Application in an expeditious manner. If there is any
             katkam                                 Page No. 1 of 2
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                         apprehension on the part of the Petitioner about Society taking
                         decisions in the redevelopment process, the Petitioner would bring the
                         same to the notice of Divisional Joint Registrar for expediting the
                         hearing of the Revision Application. Writ Petition is accordingly
                         disposed of. All contentions of parties are left open.


                                                                                (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 01/09/2026 15:15:54


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