Bombay High Court

DATTU PANDU SHINARE AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANR

Decided: 28 August 2026
Disposal: Disposed Off

Holding

Mutation entries must be governed by the outcome of the civil proceedings determining the parties' rights.

Summary

The petitioners, Dattu Pandu Shinare and others, filed a writ petition challenging a mutation entry concerning a disputed property title, while a civil suit regarding the same matter is pending before a civil court. The respondents, the State of Maharashtra and others, argued that the mutation issue should be decided by the outcome of the civil proceedings. The Court noted that established law holds that mutation entries are to be governed by the final determination of rights in the civil suit. Consequently, the Court disposed of the writ petition, granting the petitioners liberty to seek rectification of the mutation entries if the civil court rules in their favour in Civil Suit No.85 of 2025. The petition was therefore dismissed pending the civil suit's outcome.

Issues considered

What is the appropriate forum for challenging mutation entries when a civil suit concerning the same property is pending?

Subjects

mutation
property title
civil suit
writ petition
High Court
jurisdiction

Judgment

                                                   24-WP-1938-2025.DOC




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO.1938 OF 2025


Dattu Pandu Shinare And Ors.                   …Petitioners
 Versus
The State of Maharashtra Through The Secretary
And Anr.                                       …Respondents


Adv. Akshay Deshmukh a/w Sanket Kadam, Sumit Chaudhary,
Aniket Pawar, & Sonali Patil, for the Petitioners.
Adv. Gaurav Parkar, for the Respondent No.2.
Adv. P. J. Gavhane, AGP, for the Respondent-State.


                      CORAM:       ARUN R. PEDNEKER, J.
                      DATED :      28th August 2026
PC:-


1.      Heard learned Counsels appearing for the parties.


2.      The petition involves belated challenge to the mutation entry

and disputes as regards titles of the property is pending so also the

right of the alleged Karta of the property to transfer the property is

also under consideration of a Civil Court. The learned Counsel for

the Petitioners submit that, he has filed Civil Suit for determination

of the right between parties.




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                                                     24-WP-1938-2025.DOC




3.      It is settled law that the mutation entries would be governed

by the outcome of the civil proceedings which may decide the inter

se rights between the parties.


4.      Considering the same, the Writ Petition is disposed of with

liberty to the Petitioners to apply for rectification of the mutation

entries, if the Civil Courts passes an order in Regular Civil Suit

No.85 of 2025 in their favour.


5.      The Writ Petition disposed of accordingly.




                                           [ARUN R. PEDNEKER, J.]




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