Mansukhlal Tarachand Nahar v. The Additional Commissioner Nashik And ORS
{1} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD LETTERS PATENT APPEAL STAMP NO.12699 OF 2009 Mansukhlal Tarachand Nahar APPELLANT
VERSUS
The Additional Commissioner & others RESPONDENTS .......
Mr. N. V. Gaware, Advocate for the appellant Mr. S. K. Kadam, AGP for respondent State .......
[CORAM : R . M. BORDE AND SUNIL P. DESHMUKH, J.J.] DATE : 13 th FEBRUARY 2015 PER COURT:
1.
The appellant is raising an exception to the order passed by learned Single Judge in writ petition No. 2446 of 2009 decided on 4th May, 2009.
2.
We have perused the judgment delivered by the learned Single Judge. We do not find any infirmity requiring to cause interference in said judgment. It is well established that revenue entries are recorded for fiscal purpose and said entries in themselves are not evidence of title for entitlement of the parties in relation to such property. The revenue entries can be corrected in accordance with determination of rights of the
{2} parties by the civil court. If at all the appellant claims any entitlement in relation to the properties, it is open for him to get his right established in the competent court and thereafter to apply for correction of the mutation entries. 3.
In view of the clarification as above, the letters patent appeal stands rejected. Pending civil applications, if any, stand disposed of.
[SUNIL P. DESHMUKH, J.] [R.M.BORDE, J.] drp/A15/lpast12699-09
{3} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 6514 OF 2009 IN LETTERS PATENT APPEAL STAMP NO.12699 OF 2009 Mansukhlal Tarachand Nahar APPLICANT
VERSUS
The Additional Commissioner & others RESPONDENTS .......
Mr. N. V. Gaware, Advocate for the applicant Mr. S. K. Kadam, AGP for respondent State .......
[CORAM : R . M. BORDE AND SUNIL P. DESHMUKH, J.J.] DATE : 13 th FEBRUARY 2015 PER COURT:
1.
This is an application seeking condonation of delay occurred in presenting the letters patent appeal. 2.
Heard. For the reasons recorded in the application, the application deserves to be allowed and is accordingly allowed. Delay occurred in presenting letters patent appeal is condoned. [SUNIL P. DESHMUKH, J.] [R.M.BORDE, J.] drp/A15/lpast12699-09