Bombay High Court

TEJLAXMI @ SHEILA PRAKASH KAVLEKAR AND ANRversusRAVINDRA TULSHIDAS DEULKAR AND 2 ORS

Disposal: Disposed of

Holding

The mutation entry shall remain subject to the final outcome of the pending First Appeal before this Court.

Summary

The petitioners challenged the mutation entry made in favour of the respondents, which was based on a Special Inventory proceeding (Case No. 20439/1981) whose final order they had appealed before this Court (First Appeal No. 68 of 2019). The respondents had applied for mutation (Case No. 312006) and the order allowing it was passed on 1 October 2018 by the Inspector of Survey & Land Records, later confirmed by the Superintendent and the Administrative Tribunal. The petitioners argued that as the inventory order was under appeal, the mutation should not have been entertained and that interim relief was warranted. The Court observed that the revenue authorities acted on the contested inventory order without any interim stay and therefore could not grant the mutation unconditionally. Consequently, the Court directed that the mutation entry remain pending and be decided only after the final outcome of the First Appeal, and disposed of the writ petition.

Issues considered

Whether a mutation entry can be effected when the underlying inventory proceeding's final order is under appeal before the High Court.
Whether interim relief is available to stay the mutation pending the disposal of the appeal.

Subjects

mutation
land records
inventory proceedings
interim relief
writ petition
pending appeal

Judgment

2026:BHC-GOA:1820
                                               24 WP 649 2023

                Amrut

                        IN THE HIGH COURT OF BOMBAY AT GOA
                                 WRIT PETITION NO.649 OF 2023

           TEJLAXMI @ SHEILA PRAKASH KAVLEKAR
           AND ANR                                                  ... PETITIONERS
             Versus
           RAVINDRA TULSHIDAS DEULKAR AND 2
           ORS                                                      ... RESPONDENTS


           Mr John A. Lobo, Advocate for the Petitioners.


                                  CORAM:- S. G. CHAPALGAONKAR, J.
                                  DATED :- 9th September, 2026

           P.C.:


           1.             The Petitioners impugns order dated 1st October 2018
           passed by the Inspector of Survey & Land Records, Margao,
           judgment and order dated 9th December 2021 passed by the
           Superintendent of Survey & Land Records, Margao, in case No.
           LRC/APPL/SSLR/04/2019 as well as judgment and order dated 4th
           May 2023, passed by the Administrative Tribunal, Goa, in Land
           Revenue Second Appeal No.07/2022.


           2.            It is the contention of Petitioners that Respondent Nos.1
           and 2 applied for mutation vide application bearing Case
           No.312006 before the office of Inspector of Survey and Land
           Records, City Survey, Margao, based on Special Inventory

                                                 Page 1 of 3
                                              9th September, 2026
                                 24 WP 649 2023


Proceedings bearing No.20439/1981 filed in the Court of Civil
Judge Senior Division at Quepem. The said application for
mutation was allowed vide order dated 1st October 2018. The
aforesaid order is confirmed by subsequent impugned orders.


3.       It is the contention of Petitioners that the application for
mutation filed by Respondent Nos.1 and 2 bearing Case No.312006
before the Inspector of Survey & Land Records, City Survey,
Margao, was based on Special Inventory Proceedings bearing No.
20439/1981 and final orders passed therein. Petitioners have laid
challenge to the final order passed in the Inventory Proceedings in
First Appeal No.68 of 2019 before this Court. As long as the
challenge to the final order in Inventory Proceedings is pending,
the application for mutation could not have been entertained.


4.       This Court finds that the Revenue Authorities have acted
upon the final order passed by the Civil Court in Inventory
proceedings although the Petitioners have challenged the same in
First Appeal before this Court; there appears to be no interim relief.
In this backdrop, the present writ petition stands disposed of with
direction that mutation entry, which is the subject matter of present
writ petition, shall be subject to final outcome of First Appeal
pending before this Court.




                                    Page 2 of 3
                                 9th September, 2026
                                                         24 WP 649 2023




                     5.          With the aforesaid directions, writ petition stands disposed
                     of.



                                                                S. G. CHAPALGAONKAR, J.




Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
                                                            Page 3 of 3
Date: 09/09/2026 16:55:35
                                                         9th September, 2026

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