Murlidhar Subhan Surat v. The State Of Maharashtra And Others

1 W.P.No.6041/13

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.6041 OF 2013 Murlidhar S/o Subhan Sutar ... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.H.I.Pathan, advocate for the petitioner.

Mr.M.M.Nerlikar, A.G.P. for the State.

Mr.S.S.Deshmukh, advocate for Respondent No.5. ...

CORAM : S.V.GANGAPURWALA J.

Date : 28.08.2017.

PER COURT :

1.

Heard Mr.Pathan, learned counsel for the petitioner and Mr.Deshmukh, learned counsel for Respondent No.5, so also learned A.G.P. for Respondent Nos.1 to 4.

2.

The dispute is about the mutation entry in the revenue record.

2 W.P.No.6041/13 3.

Mr.Pathan, learned counsel submits that the petitioner had filed a substantive civil suit for declaration of ownership and injunction against the present Respondent No.5 and the same is decreed.

4.

Mr.Deshmukh, learned counsel submits that the decree appears to be exparte one and the Respondent No.5 was to take steps to file an appeal.

5.

It is trite that the entries in the revenue record are subject to the judgment and decree passed by the Civil Court and/or in appeal with regard to ownership.

6.

The revenue authorities are bound by the judgments delivered by the Civil Court.

7.

Considering above, the entries are to be effectuated as per the orders of the competent Civil Court.

8.

In view of the above, the Writ Petition

3 W.P.No.6041/13 stands disposed of. No costs.

(S.V.GANGAPURWALA,J.) asp/office/wp6041.13

4 W.P.No.6041/13