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Bombay High CourtWP/138/2017disposed of

Shivaji Krishna Sawant., v. Shree Kapileshwar Saunsthan, Rep. By Its Attorney And 21 ORS.,

2017-04-19Hon'Ble Shri Justice M. S. Sonak2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 138 OF 2017 SHIVAJI KRISHNA SAWANT., ... Petitioner

Versus

SHREE KAPILESHWAR SAUNSTHAN, REP.

BY ITS ATTORNEY AND 21 ORS., ... Respondents Adv. Ashwin D. Bhobe for the Petitioner.

Adv. N. Vaze for the Respondents.

Coram:- M. S. SONAK, J.

Date:- 19th April, 2017 P.C.:

Heard Mr. Bhobe, the learned counsel for the petitioner and Mr. Vaze the learned counsel for respondent nos.1 and 2.

2. The challenge in this petition is basically to orders made in relation to entries in the revenue record under the provisions of the Land Revenue Code 1968 (said Code).

3. The authorities have themselves clarified that the observations shall not in any manner influence the civil court in the pending civil litigation between the parties. It is settled position in law that the entries in the revenue records are never determinative of the title of the parties to the property. The civil suits are already pending between the parties. Apart from the observations made in the impugned orders, it is once again clarified that none of the

WP/138/2017 observations in any of the orders made by the Revenue Authorities will in any manner influence the civil court in disposing off the civil suit between the parties on their own merits and in accordance with law.

4. Since this clarification assists all the parties, there is no necessity to entertain the present petition. The petition is accordingly disposed off.

5. All concerned to act on the basis of an authenticated copy of this order.

M. S. SONAK, J.

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