Narhari Shivling Chounde And Another v. Girish Gurunath Bayale

6_WP434014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4340 OF 2014 Narhari Shivling Chounde and Another ..PETITIONERS

VERSUS

Girish Gurunath Bayale ..RESPONDENT ....

Mr. Pahune Patil, Advocate h/f Mr. A.P. Avhad, Advocate for petitioners. Mr. V.G. Sakolkar, Advocate for respondent.

....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 31st JULY, 2017 ORDER :

1.

The litigating sides are before this Court with regard to the mutation entry. The prayer put forth by the petitioners under Clause 14B reads as under:- "Quash and set aside the judgment and order passed by the learned Sub Divisional Officer, Latur dated 17.3.2012 in Case No. 2011/ROR/A-14 and judgment and order in Case No. 2012/ROR/A-35 dated 27.8.2012 passed by Additional Collector, Latur and Judgment and order dated 27.5.2013 passed by Deputy Commissioner (Ent. Duty) Aurangabad Division, Aurangabad in Revision No. 2012/ROR/Rev./454."

2.

This Court in the matter of Shrikant R. Sankanwar Vs. Krishna Balu Naukudkar 2003 (3) BCR 45 has led down that law that the mutation 1 / 2

6_WP434014.odt entries are only for the taxation purpose and do not decide the right or title or interest of any party in any property. The civil proceedings alone would decide the rights of the parties and the verdict of the Civil Court would be binding upon the revenue officers and the revenue entries will have to be based on such a verdict between the parties.

3.

The learned Counsel for the respective sides submit that Regular Civil Suit No. 402 of 2011 has been recently adjudicated upon. 4.

Considering the above, this petition is disposed of with the observations that the mutation entry at issue will not be conclusive and any dispute between the parties with regard to the right or title or interest in the property will be subject to the result of the judgment of the Civil Court and further civil litigation, if any.

( RAVINDRA V GHUGE, J. ) SSD 2 / 2