wp7515-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7515 OF 2010 Ujwala Sanjay Khandalkar & Anr. .. Petitioners Versus Divisional Joint Registrar, Coop. Societies Pune & Ors. .. Respondents Mr.P.S.Dani for petitioners Mr.S.N.Chandrachud, for respondent Nos. 3 and 4 Ms.P.S.Cardozo, AGP for respondent Nos. 1 and 2 CORAM : S.C.DHARMADHIKARI, J. DATE : 4th July 2011. P.C.: 1] Heard Mr.Dani for petitioners. The petitioners have approached this Court challenging the action of the Special Recovery Officer in concluding the sale, thereafter putting the auction purchaser in possession by taking the same physically from the petitioners and handing it over to the purchaser. 2] The sale is concluded and confirmed. All that is challenged is that the power of Special Recovery Officer to wp7515-10.doc 2 dispossess the persons like the petitioners pursuant to sale. It is submitted that nothing is implied and can be read in section 156 and Rule 107 of the MCS Act and Rules soas to empower the special recovery officer to put the Auction Purchaser in possession after the conclusion of the auction sale. It is not necessary to go into this controversy and particularly whether any such power be read into the said Act and Rules or whether such powers flow by implication, because admittedly the petitioners have no right, title or interest left in the immovable property, which has been put to auction, sold and the sale is confirmed. In these circumstances, no useful purpose will be served by examining legal contentions at the instance of petitioners. By keeping them open for decision in an appropriate case, this petition is dismissed. No costs. (S.C.DHARMADHIKARI, J)