1 wp2847.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.2847 OF 2009 Dilip Ramchandra Dhanawade ...Petitioner vs. Commercial Co-operative Bank Ltd. & Ors ...Respondents Mr.Datta Pawar for the petitioner Mr.S.S.Patwardhan for respondent Nos.1 and 2 Mr.R.M.Patne, A.G.P for respondent Nos.3,4,5,7 and 8 CORAM :A.S.OKA,J. DATE : SEPTEMBER 3, 2010 P.C. 1 Heard the learned counsel for the petitioner. The challenge in this writ petition is to the action of the Tahsildar of issuing notice to the petitioner for handing over possession of the property of the petitioner to the auction purchaser. 2 It is not in dispute that on the basis of the application made by the 1st respondent-bank, a recovery certificate under section 101 of the Maharashtra Co- operative Societies Act, 1960 was issued by the Registrar. In execution of the said certificate, the property of the petitioner has been put to auction. The auction sale has been confirmed and the 6th respondent herein is the auction purchaser. The Tahsildar has issued notice to the petitioner which is the subject matter of challenge in this petition by which the petitioner was called upon to hand over possession of the property sold to the 6th respondent in auction. 3 The grievance of the learned counsel for the petitioner is that notice of Tahsildar records that the 2 wp2847.sxw possession was being taken in terms of the order passed in writ petition no.6790 of 2008 by this Court. He submitted that there is no such order passed by this Court and therefore, the impugned action is illegal. 4 I have considered the submissions. Recovery certificate issued against the petitioner and the auction sale of the property of the petitioner in execution of the recovery certificate have become final. Even assuming that there is no order passed by this Court, the possession of the property auctioned has to be handed over to the auction purchaser. Hence, no fault can be found with the action of the Tahsildar. There is no merit in the petition and the same is rejected. JUDGE