Sambhaji Bapu Jadhav v. Kumar Dinkar Jadhav And ORS.

DSS 7-wp-1976-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1976 OF 2014 Sambhaji B. Jadhav .. Petitioner vs.

Kumar Dinkar Jadhav and ors.

.. Respondents Mr. Bhushan Walimbe i/b P.B. Walimbe for the Petitioner. Mr. S.D. Rayrikar, AGP for Respondent Nos.6 to 8. CORAM : M. S. SONAK, J.

DATE : 09 FEBRUARY , 2015 P.C. :- 1] The Deputy Director Land Records Pune Division, Pune (Dy. Director) in the impugned order dated 18 March 2009, has observed that it would be appropriate if the petitioner sorts out the dispute by way of the institution of civil suit.

2] The entire dispute raised, pertains to the entries in survey record. It is well settled that such entries are not determinative of the title. In these circumstances, there is no reason to interfere with the impugned order.

3] However, it is made clear that making of the impugned order as well as the reasoning therein so also the dismissal of the present petition, shall not be construed as any decision on merits and the 1/2

DSS 7-wp-1976-14 Civil Court, if approached, should decide the matter on its own merits and in accordance with law, without being influenced by the non-entertainment and disposal of the present petition. 4] With the aforesaid observations, the present petition is disposed of. There shall be no order as to costs. (M. S. SONAK, J.) dinesh 2/2