Shabbir Abbas Mithaiwala vs State of Maharashtra through Revenue and Forest Department — Bombay HC (2026) — LawSathi Research

Shabbir Abbas Mithaiwala vs State of Maharashtra through Revenue and Forest Department — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with liberty to the Petitioner to apply to the Superintendent of Land Records (Respondent No.2) enclosing the civil court decree; upon such application, and if there is no legal impediment, the Petitioner's name to be entered in the revenue record within 4 weeks from the date of the application.

Issue for consideration

Whether the Petitioner's name should be entered in the revenue record in respect of property purchased by registered sale deed, the entries having been withheld only because there was a charge on the property, which charge now stands satisfied as recorded in the Consent Terms and the decree of the City Civil Court dated 21st March, 2025.

Court's answer

The Court noted that consequent to the decree of the City Civil Court dated 21st March, 2025, the matter has been settled and the suit is disposed of in terms of Consent Terms, and that it may not be necessary to keep the matter pending.

Ratio / Principle

The Petitioner is at liberty to bring all the facts, including the decree of the competent Civil Court, to the notice of the Superintendent of Land Records (Respondent No.2) by way of an application; if such an application is made and there is no legal impediment, the necessary action shall be taken for entering the Petitioner's name in the revenue record within 4 weeks from the date of the application.

Detailed headnote1 paragraphs

Writ Petition (Bombay High Court, Ordinary Original Civil Jurisdiction) — Petitioner purchased suit property by registered sale deed, but revenue entries were not effected because a charge subsisted on the property. By a decree dated 21st March, 2025, the City Civil Court disposed of the suit in terms of Consent Terms, wherein the parties recorded that the defendants have no right, title or interest in the suit property and that the charge created under the Consent Decree of 15.1.1960 stands fully satisfied, the decretal amount having been paid. Held: the matter having been settled, it was not necessary to keep the petition pending. Petition disposed of with liberty to the Petitioner to move the Superintendent of Land Records (Respondent No.2) by application along with the decree; if there is no legal impediment, the Petitioner's name is to be entered in the revenue record within 4 weeks from the date of the application. Bench: M. S. Karnik and S. M. Modak, JJ. Decided 8th January, 2026.

5-wp 1269-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 1269 OF 2024

Shabbir Abbas Mithaiwala … Petitioner Versus State of maharashtra ... Respondents

Mr. Kaustubh Patil a/w. Adv. Dixit Parmar for the Petitioner. Smt. Nazia Sheikh, AGP for the Respondent Nos.1 & 2-State.

__________________________ CORAM : M. S. KARNIK AND S. M. MODAK, JJ. DATED : 8 th JANUARY, 2026.

P.C. :

We have heard learned counsel for the Petitioner.

Learned AGP requested for some time. It is submitted by learned

counsel for the Petitioner that the necessary entries are not effected in the revenue record only because there was charge on the property. The Petitioner has purchased property by a registered sale deed. It may not be necessary to keep the matter pending. It is submitted by the learned counsel for the Petitioner that consequent to the decree of the City Civil Court dated 21^st March, 2025, a copy of which is placed on record, it is seen that the matter has been settled and the suit is disposed of in terms of Consent Terms. Paragraph No.6 of the Consent Terms records thus:-

Amk 1/2

5-wp 1269-24.doc

“6. The Plaintiffs and Defendants agree, acknowledge and confirm that the Defendants have no right title or interest to the suit property or any part or portion thereof and the charge created under the Consent Decree 15.1.1960 has been fully satisfied and the decretal amount has been paid to the said Fida Hussein Jafferji Daulta @ Daulat.”

It is therefore open for the Petitioner to bring all these facts including decree of the competent Civil Court to the notice of the Superintendent of Land Records-Respondent No.2 by way of an application. If such an application is made and if there is no legal impediment, the necessary action be taken for entering the name of the Petitioner in the revenue record within a period of 4 weeks from the date of the application.

With such aforesaid observations, the Petition is disposed of.

(S. M. MODAK, J.) (M. S. KARNIK, J.)

Amk 2/2