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Bombay High CourtWP/565/2023dismissed

Keshav S/O Tulshiram Rajas And Another v. Anusayabai Wd/O Tulshiram Rajas And Others

2023-02-16Hon'Ble Shri Justice Avinash G. Gharote2 pages

01. WP 565 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.565 /2023 Keshav s/o Tulshiram Rajas and another ...Versus...

Smt. Anusayabai wd/o Tulshiram Rajas and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Hitesh Biherani, Advocate for petitioners Mrs. M.A. Barabde, AGP for respondent nos.8 and 9 CORAM : AVINASH G. GHAROTE, J.

DATE : 16/02/2023 1.

Heard Shri Biherani, learned counsel for the petitioners.

2.

The mutation entries effected, in respect of the properties of the deceased Tulsiram Rajas, are the subject matter of challenge in the petition. It is not disputed, that Special Civil Suit No.15/2018 has been filed between the parties, in which the will of late Tulsiram Rajas is also under challenge. The order of the Appellate Authority dated 14/06/2022 indicates that the entries in the revenue record have been made subject to the decision of any suit which may be pending in the Civil Court. Since the suit is already pending, it is obvious that the mutation entries would be subject to the

01. WP 565 of 2023.odt final result of the suit. That being the position, I am not inclined to interfere in the impugned order. The writ petition is dismissed with no order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR