*1* wp.269.11.941.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.269 OF 2011 M/s Jayashree Executive Food Stuff and others. ..Petitioners -Versus- Divisional Joint Registrar and others. ..Respondents .......... Mr.S.S.Kanetkar, for the Petitioners. Mr.S.D.Rayrikar, AGP, for the Respondent No.1. Mr.Kishor Tembe, for the Respondent Nos.2 and 3. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 24th June, 2011. P.C.: 1 Heard both sides. The conclusions drawn by the Divisional Joint Registrar that the revision application of the Petitioner has become infructuous cannot be sustained in law. Merely because the recovery certificate is executed, the property is sold, the auction process is complete and the sale certificate is issued; that the revision application cannot be said to be rendered infructuous. The Divisional Joint Registrar is obliged to consider the challenge to the legality and validity of the recovery certificate and the objections of the parties like the Petitioners thereto, irrespective of the fact that the sale is concluded or not. The revision application must be heard on merits and shall not be dismissed as has been done in the present case. 2 In such circumstances, the order impugned is set aside and the revision application shall be heard afresh. The Divisional Joint Registrar shall hear the Revision Application No.364/2007 afresh by giving it due priority and dispose of it as expeditiously as possible. 3 The Writ Petition is, accordingly, disposed of. No costs. *2* wp.269.11.941.sxw (S.C. Dharmadhikari, J)