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Bombay High CourtWP/10064/2015rejected at admission stage

Pandharinath Yankoji Ghuge And Anothers v. The State Of Maharashtra And Others

2015-10-08Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora1 pages

wp10064.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 10064 OF 2015 Pandharinath s/o Yankoji Ghuge & another .. PETITIONERS

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. P.S. Agrawal, advocate for petitioners.

Mr. S.G. Karlekar, AGP for the State.

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

DATE : 8th OCTOBER, 2015.

PER COURT :

1.

It is not a matter of dispute that the decree passed by the Civil Court in Regular Civil Suit No. 176/1997 is a matter of challenge before the Appellate Court. It does appear that in pursuance to the decree passed by the Trial Court, some entries in the revenue record are modified which is a subject matter of challenge in the instant petition. It is well recognized principle that the revenue entries are recorded for fiscal purpose and those entries in themselves do not constitute any evidence of title of a person in relation to the property nor does create any interest and, such entries can be corrected in accordance with the determination of rights of the parties by the Civil Court. In this view of the matter, no interference is called for in the instant petition. Writ petition stands rejected. ( P.R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb