Bombay High Court
SADANAND KRUSHNAJI NARANGIKAR DECD THR LHRS AND ANRversusDATTATRAY SHANKAR MOKAL AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- MILIND N JADHAV
Holding
Mutation entries are merely fiscal records and cannot be used to determine title; such disputes must be resolved by the pending civil suit.
Summary
The petitioners challenged orders in revenue (RTS) proceedings concerning a mutation entry of land, arguing that the mutation entry does not determine title. They have a pending civil suit (RCS No.136 of 2019) seeking declaratory relief on the same land. The Court held that mutation entries are fiscal records, not primary evidence of title, and that the disputed title must be decided by the pending civil suit. Consequently, the Court directed the parties to maintain the status quo on the land and the mutation entry, and ordered the civil suit to be expedited within eight months. No merits of the writ petition were decided, and the petition and interim application were disposed.
Issues considered
- What is the effect of a mutation entry on the determination of title in a pending civil suit?
- Can a High Court entertain a writ petition that raises factual disputes already before a civil court?
Subjects
- mutation entry
- revenue proceedings
- civil suit
- declaratory relief
- status quo
- jurisdiction
- writ petition
- expedition of suit
Judgment
28.WP.4004.2024+.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4004 OF 2024
WITH
INTERIM APPLICATION NO.909 OF 2026
IN
WRIT PETITION NO.4004 OF 2024
Kamlakar Krushnaji Narangikar and Ors. .. Petitioners
Versus
Dattatray Shankar Mokal and Ors. .. Respondents
....................
Mr. Hemant P. Ghadigaonkar, Advocate for Petitioners.
Ms. P. J. Gavhane, AGP for Respondent Nos.2 to 4.
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 17, 2026
P.C.:
1. Heard Mr. Ghadigaonkar, learned Advocate for Petitioners
and Ms. Gavhane, learned AGP for Respondent Nos.2 to 4.
2. Interim Application is filed for bringing on record legal heirs
of deceased Petitioner Nos.2 and 8 on record. For the reasons
mentioned in the Application, Interim Application stands allowed in
terms of prayer clause (a). Necessary amendment is permitted to be
carried out within a period of one week from today. Reverification
stands dispensed with. Delay, if any, stands condoned.
3. The Advocate on record for Petitioners in the present case is
Ms. Saili N. Dhuru. Mr. Ghadigaonkar enters appearance on behalf of
Petitioners and informs the Court that he has been instructed by the
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Petitioners to represent and espouse their cause in the present Petition.
He would submit that he undertakes to file Vakalatnama within a
period of one week from today positively. That leave is granted to Mr.
Ghadigaonkar to file his Vakalatnama. Registry shall accept his
Vakalatnama on behalf of Petitioners.
4. Petition assails orders passed in RTS / Revenue proceedings,
inter alia, pertaining to Mutation Entry. Mr. Ghadigaonkar after taking
instructions informs the Court that Petitioners have themselves filed a
substantive civil Suit bearing No.RCS No.136 of 2019 in the Civil Court
seeking appropriate declaratory reliefs in respect of the lands which
are the subject matter of RTS / Revenue proceedings and mutation
entry herein. He would submit that in that view of the matter and the
fact that Mutation Entry will not govern and establish title of the
parties to the suit / subject land, appropriate orders be passed by the
Court.
5. I agree with the submissions made by Mr. Ghadigaonkar.
Mutation Entries are essentially meant for fiscal purposes and revenue
record and they are not an indicator rather primary indicator of the
title of the holder and have secondary and corroborative value
otherwise. In the given case when Petitioners themselves have filed
substantive Civil Suit seeking declaratory reliefs in respect of the suit /
subject land and the same is pending before the learned Trial Court,
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this Court in the present Writ Petition cannot enter into arena for
determining disputed questions of facts so as to determine entitlement
of Petitioners and private Respondent to the subject land lest any
observation made by the Court will affect the rights of parties to the
Suit proceedings.
6. Needless to state that all disputes of parties governing their
title shall be determined in the pending Civil Suit in accordance with
law. Keeping all contentions of the parties expressly open, the parties
namely Petitioners and private Respondent before me are directed by
this Court to maintain status quo in respect of the subject land and in
regard to the Mutation Entry which is the subject matter of present
challenge.
7. It is further directed that said Mutation Entry or orders
passed subsequently thereafter in RTS proceedings culminating in the
order under challenge shall be subject to the outcome of Regular Civil
Suit No.136 of 2019. Learned Trial Court shall determine the said Suit
in accordance with law without being influenced by any of the
observations and findings made in the orders passed by statutory
Officer in RTS proceedings. Suit shall be determined strictly on the
basis of evidence and evidence in rebuttal of the respective parties
thereto and depending upon outcome of the Suit, parties shall be
entitled to make appropriate Application before the statutory Officers /
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Authorities for seeking mutation of their names qua the subject land.
8. Considering the fact that Suit is pending since the year 2019,
I am also inclined to accept the request made by Mr. Ghadigaonkar for
giving direction to expedite the suit proceedings. In that view of the
matter, Regular Civil Suit No.136 of 2019 is directed to be expedited
and determined as expeditiously as possible and in any event within a
period of eight months from today.
9. Copy of this order shall be placed before the learned Trial
Court on 20.02.2026 at 11:00 a.m. for the learned Trial Court to take
cognizance of this order and determine hearing of the subject suit
proceedings in accordance with law according to its convenience and
diary.
10. Keeping all contentions of the parties expressly open and
without giving any imprimatur on the merits, Writ Petition is disposed.
Pending Interim Application is also disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.02.18
10:31:46 +0530
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