Anna Shripati Pawar S/D Through Lr. v. Yashwant Nana Mohite

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9347 OF 2015 Anna Shripati Pawar, S/D Through L.R., ] and Ors.

] ... Petitioners

Versus

Yashwant Nana Mohite.

] ... Respondent Mr. V. S. Talkute for Petitioners.

CORAM :- M. S. SONAK, J.

DATE :- SEPTEMBER 22, 2015 P. C. :- 1.

Not on board. Upon production, taken on board. 2.

This petition challenges order dated 13/06/2015 by which the revision petition instituted by the Petitioners has been dismissed as abated. Although, there may be some substance in the contention of the learned Counsel for Petitioners that such proceeding do not abate, ultimately, the dispute is in relation to the entries in revenue record. It is settled position in law that the entries in revenue records are not determinative of title. Further, in case any substantive civil suit is instituted by any of the parties, then, such suit will have to be decided on the basis of oral and documentary evidence and not on the basis of

2 WP 9347-15.doc-P-10 entries in revenue record. For this reason, it is not necessary to entertain the present petition.

3.

However, it is made clear that in case, the Petitioners institute any proceedings before the Civil Court in relation to their title to the suit premises, then such proceedings will be decided without being influenced by the orders made by the revenue authority, as also the circumstance that this Court has not entertained the present petition.

4.

With the aforesaid observations, the present petition is dismissed. There shall be no order as to costs. (M. S. SONAK, J.)

3 WP 9347-15.doc-P-10 CERTIFICATE Certified to be true and correct copy of the original signed Order.