learned Single Judge in writ petition No. 1383 of 2002 decided on 18.4.2002. The appellant Bank has secured a recovery certificate under Section 101 of Maharashtra Co-operative Societies Act, 1960 for the purpose of recovery of amount to the tune of Rs.23,306.35 with interest accrued thereon. The property belonging to borrower came to be attached and according to the appellant, same was taken in possession from purchaser i.e. respondent No.3 herein. It is contended that during subsistence of attachment, property has been sold by the borrower to respondent No.3 and same has been taken over by the bank under panchnama drawn on 28.12.2001. It is contended by the Bank that since purchaser paid the amount due towards bank, borrower moved an application to the Divisional Joint Registrar, Co-operative Societies, requesting for issuance of directions to the bank to hand over possession of property to purchaser i.e. respondent No.3. The Divisional Joint Registrar, instead of issuing directions, as requested by borrower for handing over possession to the purchaser, issued directions to the Bank to hand over back the possession of property to borrower after deleting the charge created by Bank on the said property. The appellant Bank approached this Court by way of afore stated writ petition bearing No. 1383 of 2002, however, said petition came to be dismissed.
