Shri. Mahadeo Vitthal Survase And ANR. v. Vishnu Jagannath Survase And ANR.

3. WP 11363-14.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11363 OF 2014 WITH INTERIM APPLICATION NO.540 OF 2020 IN WRIT PETITION NO. 11363 OF 2014 SHRI MAHADEO VITTHAL SURVASE & ANR.

.. PETITIONERS vs.

VISHNU JAGANNATH SURVASE & ANR.

.. RESPONDENTS ------------------------ Mr. S.T. Bhosale for the petitioners.

------------------------

CORAM

: M.S.KARNIK, J.

DATE : MARCH 19, 2021 P.C.:- Heard learned counsel for the petitioners.

2.

The order under challenge is passed by the Additional Commissioner, Pune, allowing the revision fled by the respondent No.1 under Section 257 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as "the Code" for short). The impugned order arises out of a dispute regarding mutation entries made in the revenue records. Learned counsel submits that the petitioners are the owners of the suit property by virtue of the sale documents executed in their favour. The respondents have fled Regular Civil Suit No.480 of 2012 before the Civil Judge, Junior Division, Madha. The suit is fled for declaration and injunction.

3. WP 11363-14.doc 3.

It is well settled that the mutation entries do not establish the right, title and interest of the parties in the suit property and they are recorded only for the fscal purposes. The suit is pending. The mutation entries will obviously be subject to the orders passed by the competent Civil Court in the pending suit or the civil proceedings that may be instituted by the parties to establish their right, title and interest in the suit property. 4.

In this view of the matter, I do not fnd any reasons to interfere with the impugned order. The Writ Petition is disposed. Digitally signed by Diksha Rane Date:

2021.03.19 19:25:17 +0530 Diksha Rane 5.

In view of the disposal of the Writ Petition, nothing survives for consideration in Interim Application. The same is disposed of. (M.S.KARNIK, J.)