Smt. Bharti Pravin Parse v. The Inspector General Of Registration And Controller Of Stamps, Pune And Others

2024:BHC-NAG:2149-DB 1 948 WP-7563-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.7563 OF 2023 [Bharti Pravin Parse .Vs. The Inspector General of Registration and Ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr R. P. Joshi, Advocate for Petitioner.

Ms T. H. Khan, AGP for Respondents.

CORAM

: AVINASH G. GHAROTE AND SMT. M. S. JAWALKAR, JJ.

D ATE : 21 st FEBRUARY, 2024 .

.

Heard.

2.

The petition seeks a direction to the respondent No.1 to take entry regarding the cancellation of the sale deed dated 13.04.2011 in the Index-2 on account of the decision by the 15th Joint Civil Judge Junior Division, Akola, in R.C.S. No.377 of 2016 dated 31.03.2018 and also for a further direction to the Tahsildar to correct the revenue entries in light of the aforesaid judgment and decree passed by the Civil Court.

3.

The learned AGP has filed a copy of the Index-2, in which according to her, the cancellation of the sale deed in terms of the decree passed in R.C.S. No.377 of 2016 has been recorded. This is taken on record and marked as "X" for the purpose of identification.

4.

A perusal of the entry in the Index-2 in this regard would indicate, that though it refers to R.C.S No.377 of 2016, the date of the judgment which is actually TAMBE

2 948 WP-7563-2023.odt 31.03.2018 has been incorrectly mentioned as 13.10.2016 and so also, it refers to an order dated 23.08.2021, which in fact is the order by the Executing Court directing the correction in the Index-2 entry. We, therefore, direct the respondent No.1 to make appropriate corrections in the Index-2 entry regarding the date of judgment of R.C.S. No.377 of 2016 which is actually 31.03.2018, instead of 13.10.2016 and so also correct the mention of the order dated 23.08.2021, in reference to the order passed in execution proceedings. The same shall be done within a period of two weeks from today and a copy thereof be supplied to the petitioner by email/WhatsApp. 5.

The concerned Tahsildar, who is the respondent No.4, once the corrected entry in Index-2 is produced before him, shall immediately make correction in the mutation register to be taken within a period of two weeks therefrom.

6.

The petition is accordingly disposed of. No costs. (M. S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) TAMBE