Vasant Rakhma Jadhav (Since Decd) Through Lrs And ORS v. Damodar Baburao Jadhav (Since Decd) Through Lrs And ORS

P.H. Jayani 02 WP907.14(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 907 OF 2014 Vasant Rakhma Jadhav (since deceased through legal heirs) :

Hirabai Vasant Jadhav & Ors.

.....Petitioners

Versus

Damodar Baburao Jadhav (since deceased through legal heirs) :

1A. Jaywantabai Damodhar Jadhav & Ors.

.....Respondents Mr. Prasad Dani, Senior Advocate i/b. Mr. Prashant Patil for the petitioners and for respondents in CAW 3230/2015. Mr. Rahul D. Motkari for respondent nos.1A, 2, 3, 4A to 4E, 5. Mr. Prasad B. Kulkarni for the applicant CAW 3230/2015.

CORAM

: SMT. ANUJA PRABHUDESSAI, J.

DATE : 09th JANUARY, 2019.

P.C. :

.

By this petition, filed under Article 227 of the Constitution of India, the petitioner herein has challenged the order dated 04/01/2014 passed by the Hon'ble Minister, Revenue and Forest Department, Mantralaya, Mumbai whereby he had dismissed the Revision No. 2013/File No. 141/J-6 and has confirmed the order dated 02/03/2013 and directed to record the names of respondent nos.1 to 6 in the survey records.

2.

Mr. Prasad S. Dani, learned senior counsel for the petitioner and Mr. Rahul Motkari, learned counsel for respondent nos.1 to 5 submits 1/2

P.H. Jayani 02 WP907.14(2).doc that the civil suit in respect of the subject property is pending before the Civil Court. They submit that the issue of title as well as possession will be adjudicated in the said civil suit. They submit that the status quo will be maintained as regards the mutation entry. 3.

The present petition stands disposed of in the light of the above statement.

4.

The mutation entry in respect of the subject property shall be made in accordance with the final decision of the Regular Civil Suit No.1197/2012 pending before the Civil Judge, Junior Division, Nashik. (SMT. ANUJA PRABHUDESSAI, J.) 2/2