Dattatraya Kashinath Sandbhor Decd Thru Lhrs Shri. Sudhir Dattatraya Sandbhor And ANR v. State Of Maharashtra Thru Ministry Of Revenue And ORS
(26)-WP-8817-22.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:
2022.08.24 09:55:05 +0530 WRIT PETITION NO.8817 OF 2022 BALAJI GOVINDRAO PANCHAL Dattatraya Kashinath Sandbhor & Anr.
..Petitioners
Versus
State of Maharashtra & Ors.
..Respondents Mr. Rahul Kadam i/by Kisan Dhamale, for the Petitioners. Mr. A. I. Patel, Addl. GP a/w C. D. Mali, AGP for Respondent Nos.1 to 5/State.
Mr. A. R. Gole, for the Respondent No.6.
CORAM : NITIN W. SAMBRE, J.
DATE : 23rd AUGUST, 2022 P.C.
1.
Counsel for the petitioners Mr. Rahul Kadam would urge that the sale-deed executed on 18th January, 2014 does not confer a clear title on the respondent No.6, as the entire consideration was not paid by the said respondent to the petitioners. As such, according to him, the revenue entry ought not to have been granted. 2.
A prayer is opposed by Mr. A. R. Gole, counsel for the respondent No.6 and submits that in the suit already it is brought to the notice of Trial Court through written statement that the entire consideration was received by the petitioners.
BGP.
(26)-WP-8817-22.doc.
3.
I have appreciated the said contention.
4.
The fact remains that the mutation entries are only for the fiscal purpose and do not confer any absolute right or title, as the title has to be derived from the title document. The fact about pendency of the suit from 24th April, 2018 wherein the aforesaid conveyance dated 18th January, 2014 is questioned is admitted fact on record. As such, it is always open for the petitioners to seek injunction in the said pending suit. In the aforesaid background, I hardly see any reason which warrants interference in the order impugned.
5.
The petition as such fails, dismissed.
6.
However, if application for injunction is moved by the petitioners, same be decided in accordance with law. [NITIN W. SAMBRE, J.] BGP.