Dadasaheb Rajendra Garule Minor Nat Guardian Meenabai Rajendra Garule v. The Additional Commissioner Nasik And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 LETTER PATENT APPEAL NO. 152 OF 2012 WITH CA/9562/2012 IN LPA/152/2012 DADASAHEB RAJENDRA GARULE MINOR NAT GUARDIAN MEENABAIRAJENDRA GARULE

VERSUS

THE ADDITIONAL COMMISSIONER NASIK AND ORS ...

Advocate for Appellant : Mr. Sagade B.G.

Mr.H. D. Deshmukh Adv. For R/6 ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: March 05, 2015 ...

PER COURT :- 1) The appellant is taking exception to the order dated 11.4.2012 passed by learned Single Judge in Writ Petition No. 9901/2011. The matter relates to recording of mutation entries.

2) In paragraph 6 of the order, the learned Single Judge has clarified the settled position of law, that the revenue entries are made only for fiscal purpose and the said entries would be governed by the decision of the civil court. Thus, the mutation entries can be made or changed in accordance with determination of rights by the civil court. 3) In view of the clarification given in the judgment itself by the learned Single Judge, no interference is called for in the instant appeal. The appeal is devoid of substance and stands dismissed.

4) Pending Civil application does not survive and stands disposed of.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

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