Mrs. Indumati Bhausaheb Kore v. Mr. Appasaheb Sadashiv Shete (Since Decd) Through Lrs. And ORS.

1 WP 10255-14.doc-5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10255 OF 2014 Mrs. Indumati Bhausaheb Kore.

] ... Petitioner

Versus

Mr. Appasaheb Sadashiv Shete ] (Since Deceased) through L.R.s and ors.

] ... Respondents Mr. R. S. Apte, Senior Advocate, a/w Mr. Ketan Dhavle i/b Aparna A. Dhavle for Petitioner.

Mr. S. S. Patwardhan for Respondent Nos.2 to 4 and 9 to 14. CORAM :- M. S. SONAK, J.

DATE :- JANUARY 18, 2016 P. C. :- 1.

The challenge in this petition is to the order made by the State Government allowing the revision application instituted by some of the respondents, in the matter of inclusion of petitioner's name in the revenue record.

2.

It is settled position that mere entry or the absence thereof in revenue record is not determinative of the title of the party to the property in question. Therefore, it is not necessary to entertain the present petition. The petitioner is always at liberty to agitate her civil rights by instituting the civil suit before a competent Court of law. In URS

2 WP 10255-14.doc-5 case such proceedings are instituted by the petitioner, the Civil Court to decide the same in accordance with law and on its own merits without being influenced by any observations made by the revenue authority or the State Government, or the circumstance that the petition challenging the impugned order is not being entertained by this Court.

3.

With the aforesaid observations, the present petition is disposed of with liberty as aforesaid.

(M. S. SONAK, J.) URS