Maruti Dhondiba Jadhav and Ors. Vs Deoji Dagdu Jadhav (Deceased through Lrs) Kalabai Devji Shirke/Jadhav and Ors.

Writ Petition arise out of the proceedings for recording Mutation Entry. By the impugned order passed by the Additional Commissioner rejecting Petitioner’s application for condonation of four years delay occurred in filing the Revision Application, came to be dismissed. By now it is settled position of Law that Mutation Entries does not create or extinguish rights of the parties. Same are recorded only for fiscal purposes. Parties can get adjudicate their rights by filing appropriate proceedings in the court of competent civil jurisdiction. A reference can be made to the decision of the Apex Court in the matter of Balwant Singh & Another Vs. Daulat Singh reported in 1997 (7) SCC

137.

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In the present case, the impugned order shows, and the petitioner also does not dispute that already civil suits are pending between the parties. The dispute between the parties is about title of the parties and bound to be decided in those proceedings. Parties are also at liberty to file additional independent proceedings in the Civil Court. Civil Court is bound to dispose of those matters independently on merits, without being influenced by the observations made by the Revenue Authorities in the proceeding for recording Mutation Entries. The decision of the Civil Court will always prevail over the decision of the Revenue Authorities.

Maruti Dhondiba Jadhav and Ors. v. Deoji Dagdu Jadhav (Deceased through Lrs) Kalabai Devji Shirke/Jadhav and Ors.