Shri. Genaba Babaji Shelake v. Smt. Sonabai Balaso Shelke And ORS.

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p9­wp­191.2015.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 191 OF 2015 Shri Genaba Babaji Shelake ... Petitioner

Versus

Smt. Sonabai Balaso Shelke and Ors.

... Respondents Mr.Vaibhav Gaikawad for the petitioner.

Mr. P.B. Gujar for respondent no. 1.

Mrs. Aparna Vhatkar, A.G.P. For State respondent nos. 3 to 7. CORAM : M.S. SONAK, J.

DATED : February 16, 2015 P.C.

Not on board. Upon production taken on board. Heard learned counsel for the parties.

The order impugned in this petition is dated 9th September, 2014 made by the State Government in the matter of Revenue entries concerning the suit property. Admitted position is that both the petitioners as well as contesting respondents have instituted substantive civil suits in order to establish their respective rights in respect of the suit property. In view of the aforesaid, there is no reason to entertain the present

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p9­wp­191.2015.sxw petition, even though there is some substance in the contention of the learned counsel for the petitioner that the order made by the State Government does not give any elaborate reasons.

It is however, clarified that neither the impugned orders nor for that matter non-entertainment of the present petition shall influence the civil court in deciding the civil suits instituted by the respective parties on their own merits and in accordance with law. This is because the entries in the revenue records are by no means determinative of the title of the parties to the suit property. With the aforesaid observations, present petition is disposed of. It is clarified that this court has not expressed any opinion on the merits of the matter and all the contentions are left open for decision by the civil court. (M.S. Sonak,J.)