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Bombay High Court

PRAKASH HIRALAL NAHARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The civil court has exclusive jurisdiction to adjudicate the substantive rights, and mutation entries do not confer title.

Summary

Petitioner Prakash Hiralal Nahar filed a writ petition challenging the trial court's handling of a pending civil suit, arguing that only a civil court can determine the substantive rights between the parties. The petitioner contended that mutation entries are merely fiscal records and do not confer any title. The High Court agreed that mutation entries are for fiscal purposes and do not affect the parties' substantive rights, which must be adjudicated by the civil court. Consequently, the Court directed the trial court to decide Regular Civil Suit No. 82 of 2016 on its merits within one year. The interim order remains in force until the suit is finally disposed, and the writ petition was disposed accordingly.

Issues considered

  • Whether the civil court has exclusive jurisdiction to determine the substantive rights of the parties in the pending suit
  • Whether mutation entries confer title or merely serve fiscal purposes

Subjects

  • jurisdiction
  • civil suit
  • mutation entry
  • title
  • writ petition
  • high court

Judgment

2026:BHC-AUG:9117



                                                                      88 WP No.3191.2023
                                                  -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                 WRIT PETITION NO. 3191 OF 2023

                                     PRAKASH HIRALAL NAHAR
                                              VERSUS
                THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                              OTHERS
                                                  ...
              Advocate for the Petitioner : Mr. Sharad Solanke h/f Mr. M. P. Kale
              AGP for Respondents-State : Mr. D. R. Korde
              Advocate for Respondent No. 6 : Mr. Ajit B. Kale
                                                  ...

                                 CORAM : SIDDHESHWAR S. THOMBRE, J.
                                     Date : 4th March, 2026

              PER COURT :-


              1.           The learned Counsel for the Petitioner submits that a civil

              suit is pending between the parties and it is the exclusive jurisdiction of

              the Civil Court to determine their respective rights. It is well-settled law

              that mutation entries are maintained solely for fiscal purposes and do

              not confer title; therefore, the substantive rights of the parties must be

              adjudicated by the Civil Court.



              2.           In view of the above, the concerned Trial Court is directed

              to decide Regular Civil Suit No. 82 of 2016 on its merits within one year

              from the date of this order.
                                                         88 WP No.3191.2023
                                    -2-



3.            The Writ Petition is disposed of accordingly with the

aforementioned directions.



4.            The interim order passed by this Court shall continue to

remain in force until the final disposal of the suit by the Trial Court.




                                          (SIDDHESHWAR S. THOMBRE, J.)



Omkar Joshi


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