Bhaurao Rama Dighe, Died. Thr. L.Rs. Dinkar Bhaurao Dighe v. Baburao Rama Dighe, Died. Thr. L.Rs. Kesharbai Deorao Dighe And ANR

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.102 OF 2012 IN WRIT PETITION NO.5794 OF 2011 (Bhaurao Rama Dighe, Died through L.R. - Dinkar s/o Bhaurao Dighe Vs. Baburao Rama Dighe, Died through L.Rs. Smt. Kesharbai w/o Deorao Dighe & anr.) Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders Shri S.T. Shelke, Advocate for the appellant Shri A.G. Kanade, Advocate for R.No.1 & 2 .....

CORAM :

R.M. BORDE AND A.I.S. CHEEMA, JJ.

DATED :

6th January, 2016.

1.

So far as the observations made by the learned Single Judge in the order impugned in respect of the recording of Mutation Entries is concerned, it needs to be clarified that the Mutation Entries which have already been recorded, shall always be subject to outcome of the civil dispute pending between the parties and that the Mutation Entries can be changed on the basis of determination of rights of the parties by the competent civil Court. The order passed by the learned Single Judge does not call for any interference. The Letters Patent Appeal stands dismissed with directions to the trial Court to decide the pending suit as expeditiously as possible, preferably within a period of one year from today.

(A.I.S. CHEEMA, J.) (R.M. BORDE, J.) fmp/lpa176.12