← Library
Bombay High CourtCP/857/2019disposed offdismissed for default

Mukund Balvirsinh Thakur v. Dadasaheb Ghodke And Others

2020-01-02Hon'Ble Shri Justice V.K. Jadhav2 pages

cp857.19 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 CONTEMPT PETITION NO.857 OF 2019 IN WP/8921/2014 MUKUND BALVIRSINH THAKUR

VERSUS

DADASAHEB GHODKE AND OTHERS .....

Advocate for Petitioner : Mr. Vijay B. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 2nd JANUARY, 2020 PER COURT:- 1.

Heard learned counsel for the petitioner.

2.

Learned counsel for the petitioner submits that the Deputy Director of Land Records should have waited for a period of eight weeks since this Court by order dated 19.4.2018 while disposing of writ petition No. 8921 of 2014, preferred by the petitioner herein, continued the ad-interim relief granted on 07.10.2014 for a period of eight weeks, by granting liberty to the petitioner to approach the competent civil court for redressal of his grievance. Learned counsel submits that the Deputy Director of Land Records on 25.4.2018 itself has recorded the mutation entry in terms of the will deed. 3.

Learned counsel for the petitioner in answer to the query put by this Court submits that the present petitioner has not instituted the civil suit though liberty was granted by this Court. Learned counsel

cp857.19 -2submits that, however, deceased Balmukund during his life time has instituted the suit. I failed to understand how the will deed which is now questioned can be the subject matter of the suit instituted by Balmukund during his life time. Furthermore, if at all the petitioner exercised the liberty granted by this court to institute the suit and succeeded in obtaining any interim relief, the same will be recorded in the mutation entry register. It is well established principle that the revenue entries are recorded for fiscal purpose and those entries in themselves are not indicative of entitlement of parties in relation to the property nor such entries confer any title in favour of any property.

4.

In view of above, I do not find any substance in this contempt petition. The Contempt petition is hereby dismissed. ( V. K. JADHAV, J.) rlj/