M/S. Ravi Agro-Tech Pvt. Ltd. Through Shri. Jayesh Shah v. M/S. Amruta Estate Pvt. Ltd. Through Nilesh Krishna Tambe And ORS

DSS 929-wp-11381-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11381 OF 2015 M/s. Ravi Agro-Tech Pvt. Ltd.

.. Petitioner vs.

M/s. Amruta Estate Pvt. Ltd. and ors.

.. Respondents Mr. A.Y. Sakhare, Sr. Advocate i/b A.R.Shaikh for the Petitioner. Mr. R.S. Apte, Sr. Advocate a/w. Mr. Anoop Sharma i/b G.K. Tripathi for Respondent No.1.

CORAM :

M. S. SONAK, J.

DATE : 1 MARCH 2016.

P.C. :- 1] There is no necessity to interfere with the impugned order, because the same relates to mere entries in revenue record. It is settled position in law that mere entries in the revenue record are not determinative of the title of the parties to the suit property. Besides, the Petitioner in this petition, has already instituted Regular Civil Suit No. 210 of 2009 before the Court of Civil Judge, Senior Division at Mahad, which is pending adjudication. Needless to add that the Civil Judge will decide the said civil suit, in accordance with law and on its own merits, without in any manner being influenced by any observations made by the Revenue Authorities in this matter as also the circumstance that this petition is not being entertained by this Court. Accordingly, it is clarified that all contentions of all parties are kept open for determination by the Civil Court in the said suit.

1/2

DSS 929-wp-11381-15 2] With the aforesaid observations, this petition is disposed of. There shall however, be no order as to costs. 3] All concerned to act on the basis of authenticated copy of this order.

(M. S. SONAK, J.) dinesh 2/2