Single judge held writ petition against revenue orders unnecessary as pending civil suit must decide merits uninfluenced by revenue authorities' observations. Petition disposed without entertaining.
Civil Court to decide pending suit on merits uninfluenced by revenue authorities' observations. Writ petition disposed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2271 OF 2009
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Mr. R.S.Kadam, for the petitioner. Mr Shriram S Kulkarni, for respondent no.1.
CORAM : D.B.BHOSALE, J. DATE : 23/09/2009
PC:
Heard learned counsel for the parties.
This writ petition is directed against the concurrent orders passed by the Revenue Authorities in RTS proceedings. There is no dispute that a civil suit, being Regular Civil Suit No.270 of 2004, filed by the petitioner against the respondent, is pending before the Civil Judge Senior Division, Pune. Keeping that in view and having regard to the nature of the orders passed by the Revenue Authorities, I am satisfied that
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this petition need not be entertained and the ends of justice would be met by the following order.
(i) The Civil Judge, Senior Division, Pune, shall decide Regular Civil Suit No. 270 of 2004 filed by the petitioner against the respondent on merits in accordance with law and uninfluenced by the observations made in these proceedings by the Revenue Authorities. The orders passed by the Revenue Authorities, which are impugned in the present writ petition, shall be subject to final outcome of the civil proceedings initiated by the petitioner against the respondent. With these observations, the writ petition is disposed of.
(D.B.BHOSALE, J.)
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Petitioner
Respondent
D.B. BHOSALE
As recorded by the court registry
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