Bombay High Court

LAHU YASHWANT TINGE AND ORS.versusSHRI. SWAMI JAGADGURU SHANKARACHARYA PEETH, KARVEER, KOLHAPUR

Disposal: Allowed

Holding

The interim orders shall not impede the recording of heirs of the deceased applicants in mutation entry No. 222, and any changes to the entry remain subject to the final outcome of the writ petition.

Summary

The applicants, occupants of a disputed land, sought clarification of the High Court's order dated 11‑December‑2014 which admitted their writ petition and directed cancellation of mutation entry No. 222. They argued that the interim orders prevented revenue officers from recording the heirs of deceased applicants, creating practical difficulties. The Court held that the interim orders do not bar the entry of heirs' names in the revenue record and that any alteration to the mutation entry remains subject to the final outcome of the writ petition. Consequently, the applicants may have their heirs recorded without claiming any equitable rights arising from the interim order. The interim application was therefore disposed of.

Issues considered

Does the interim order dated 11‑December‑2014 impede the recording of heirs of deceased applicants in mutation entry No. 222?
Can the mutation entry be altered or updated pending the final decision of the writ petition?

Subjects

mutation
land revenue
interim order
heirs
writ petition
clarification

Judgment

                                                             50 IA 496 OF 2026.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                     CIVIL APPELLATE JURISDICTION

                 50 INTERIM APPLICATION NO. 496 OF 2026
                                   IN
                     WRIT PETITION NO. 10792 OF 2014

                     LAHU YASHWANT TINGE AND ORS.
                                   VERSUS
     SHRI. SWAMI JAGADGURU SHANKARACHARYA PEETH, KARVEER,
                                  KOLHAPUR
                                      ...
     Advocate for Applicant : Mr. Drupad Patil a/w Mr. Rushabh D. Phade
            A.G.P. for Respondent/State : Mr. Sanjay D. Rayrikar
                                      ...
                       CORAM              : SHAILESH P. BRAHME, J.

                      DATE                 : 20.08.2026


PER COURT :

        Heard learned counsel Mr.

2.     The applicant seeks clarification to the order passed by this Court on
11.12.2014 while admitting the petition, which has led to perpetuation of
the confusion.

3.     The applicants are occupants of the land in question. Respondent no.
1 is the contesting party, which has set up a rival claims against the
applicants. Their names are recorded in mutation entry No. 222, which was
directed to be cancelled by impugned judgment and order dated
06.09.2014. The practical difficulty faced by the applicants is that in case of
death, their heirs cannot be shown in the record of rights. The revenue
officers are not entertaining the application in view of the interim orders
passed by this Court on 11.12.2014.

4.     The applicants are in occupation of the land. The mutation entry no.


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                                                              50 IA 496 OF 2026.odt

222 is in existence, as can be inferred from order dated 11.12.2014. If such
is the situation, the heirs of deceased applicants needs to be shown on
record.

5.      It is clarified that interim orders passed on 11.12.2014 shall not be an
impediment for recording heirs of the deceased applicants on record in
mutation entry No. 222. The applicants or the heirs shall not claim any
equity because of incorporation of the names in the revenue record. The
mutation entry and its subsequent changes shall be subject to outcome of
the writ petition.

6.      Interim Application is disposed of.



                                        ( SHAILESH P. BRAHME, J.)




mkd/-




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