The High Court at Aurangabad disposed of a writ petition regarding mutation disputes by holding the challenge infructuous due to pending civil litigation. The court noted that fiscal revenue entries are not binding on competent civil courts.
Petition dismissed as infructuous due to pending civil litigation; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO. 5669 OF 2010 ( P. Tirupati s/o. Ramchandrayya Vs. Madhavrao s/o. Ganpatrao Deshpande & Anr. )
| Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders |
Court’s or Judge’s orders |
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| Mr. V.D. Patnoorkar, Advocate for petitioner. Mr. P.G. Godhamgaonkar, Advocate for respondent No. 2. |
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| CORAM : B.P. DHARMADHIKARI, J. DATED : 7th March, 2011. PER COURT : |
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| 1. The dispute between parties pertains to mutation. Admittedly civil suit filed in 2003 is still pending. Shri. Patnoorkar is seeking time to find out exact position. Shri. Godhamgaonkar points out that in that civil suit Exh. 5 moved by petitioner initially was granted and appeal filed by respondent bearing MCA 43/2004 was allowed. He states that adjudication in civil suit will binding on revenue authorities and hence, the grievance in petition is rendered infructuous. 2. It is apparent that the question is receiving consideration by competent Civil Court. The revenue entries are only for fiscal purpose and hence are not binding in those proceedings. In view of this position, I find that challenge is rendered infructuous because of civil litigation. Petition is therefore accordingly disposed of. No costs. |
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| [ B.P. DHARMADHIKARI, J. ] ssc/wp5669.10 |
1 issue framed by the court
Whether a writ petition challenging revenue mutation entries can be allowed when a civil suit on the same subject matter is pending.
P. Tirupati s/o. Ramchandrayya
Madhavrao s/o. Ganpatrao Deshpande
Anr.
B.P. Dharmadikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
