Bombay High Court
VISHWANATH BHIMRAO LANDGE AND OTHERSversusSHIVKUMAR SADASHIV LANDGE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed and the mutation entry shall be decided only after the pending civil suit is concluded.
Summary
The petitioners filed a writ petition challenging Mutation Entry No.3136 concerning their property. They contended that the entry was erroneous and sought its reversal. The petitioners also disclosed that they have a pending civil suit, R.C.S. No.152 of 2015, relating to the same property. The court observed that the civil suit is still pending and therefore it would be premature to order any mutation change. Consequently, the court disposed of the writ petition, directing that the mutation entry be dealt with only after the civil suit is finally decided, and if the suit is decided in favour of the petitioners, the appropriate entry shall be made.
Issues considered
- Whether the High Court can order a mutation entry when a related civil suit is pending
Subjects
- mutation
- civil suit
- writ petition
- property law
- court jurisdiction
Judgment
2026:BHC-AUG:15887
1 of 1 75-WP.1107.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
75 WRIT PETITION NO. 1107 OF 2021
VISHWANATH BHIMRAO LANDGE AND OTHERS
VERSUS
SHIVKUMAR SADASHIV LANDGE AND OTHERS
...
Mr. P. S. Kochar, Advocate for the Petitioners.
Mr. S. B. Sontakke, Advocate for Respondent Nos.1 and 3.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 10th APRIL, 2026
P.C.:-
1. Heard learned Advocates for the respective parties.
2. The present proceedings are arising out of Mutation Entry
No.3136. Mr. Kochar, learned Advocate for the Petitioners submits that
the Petitioners have already instituted a suit, being R.C.S. No.152 of
2015, which is presently pending.
3. In view of the above, the present petition is disposed of.
4. Mutation Entry No.3136 shall be subject to the outcome of
the aforesaid civil suit. In the event the suit is decided in favour of the
Petitioners, necessary entries shall be effected in accordance with law.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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