Bombay High Court
Shri Popat Eknath Vadje (Since Decd) ... vs Shri Bandu Shankar Datir And Ors on 15 January, 2024
Author: Amit Borkar
Bench: Amit Borkar
2024:BHC-AS:1770
25-wp(st)30186-2016.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO.30186 OF 2016
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2024.01.15
18:12:55 +0530 Popat Eknath Vadje (Since Deceased)
Through Legal Heirs ... Petitioners
V/s.
Bandu Shankar Datir & Ors. ... Respondents
Mr. Sachin Gite for the petitioners.
Mr. Prashant D. Patil for respondent Nos.1 to 3.
Mr. R. S. Pawar, AGP for the State.
CORAM : AMIT BORKAR, J.
DATED : JANUARY 15, 2024
P.C.:
1. The petitioners are challenging a mutation entry which was the result of inquiry under Rule 31 of the Maharashtra Land Revenue Code, 1966. The inquiry was based on delivery of possession in furtherance of decree passed by the competent Court. The record indicates that the Tehsildar delivered possession in favour of the plaintiff and the defendant in the said suit. The Tehsildar prepared a Panchnama and based on the said Panchnama, handed over possession of the property in dispute in favour of the plaintiff and the defendant in whose favour decree was passed.
2. Since the mutation entry was effect of execution of a decree 1 ::: Uploaded on - 15/01/2024 ::: Downloaded on - 17/01/2024 05:07:22 ::: 25-wp(st)30186-2016.doc of possession and the Tehsildar delivered possession in accordance with the decree, the mutation entry effected in furtherance of said action need not be interfered. The authorities below have rightly refused to interfere with the mutation entry. There is no legal infirmity in the order.
3. The writ petition is dismissed. No costs.
(AMIT BORKAR, J.) 2 ::: Uploaded on - 15/01/2024 ::: Downloaded on - 17/01/2024 05:07:22 :::