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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