Mr. Salim Amanulla Tamboli (Bibiwale) And ORS v. Rahematullah Ibrahim Tamboli And ORS

DSS 14-wp-8222-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8222 OF 2014 Mr. Salim Amanulla Tamboli (Bidiwale) and ors.

.. Petitioners vs.

Rahematullah I. Tamboli and ors.

.. Respondents Mr. U.P. Warunjikar for the Petitioners.

Mr. Manoj Sawardekar a/w. V.S. Kapse i/b. Mr. Pramod Kathane for Respondent No.1.

Mr. A.R. Metkari, AGP for Respondent No.10.

CORAM :

M. S. SONAK, J.

DATE : 23 DECEMBER 2015.

P.C. :­ 1] There is no reason to entertain the present petition, because the impugned order relates to mere entries in the Revenue Records. It is settled position in law that mere entries in Revenue Records are not determinative of title of parties to the suit property. The Respondents have already instituted Regular Civil Suit No. 20 of 2013. In case, the Petitioners have any apprehension of precipitative action on the basis of order impugned in this petition, even the Petitioners are at liberty to institute the suit or to take out appropriate proceedings in the pending suit for the purposes of protection of their alleged rights. The Civil Court, will decide such Civil Suits, on their own merits and in accordance with law and without in any manner being influenced by the orders made by the 1/2

DSS 14-wp-8222-14 Revenue Authorities or the circumstance that this petition is not being entertained by this Court.

2] With the aforesaid observations, this petition is disposed of. 3] All concerned to act on the basis of authenticated copy of this order.

(M. S. SONAK, J.) dinesh 2/2