Bombay High Court

HARISHCHANDRA LAXMAN MUTHAL AND ORSversusNANDAKISHOR KHANDERAO KHATALE AND ORS

Decided: 2 September 2026
Disposal: Disposed Off

Holding

Mutation entries are provisional and subject to determination of civil rights by the civil court; the petitioners' names may be recorded, but respondents may have the entries rectified if they succeed in the civil suit.

Summary

The petitioners sought to have their names recorded in the land mutation entries for a farm pond, well and borewells that they had purchased. The respondents claimed rights over the water from the pond, a well and three borewells, and had also filed a civil suit seeking relief. The court noted that mutation entries are provisional and must be determined by the civil court on the basis of the parties' substantive rights. Accordingly, the court ordered the petitioners' names to be entered in the mutation records but held that, should the respondents succeed in their civil suit, the mutation entries must be rectified to reflect the respondents' rights. The court declined to opine on the merits of the civil suit, leaving that to the civil court. The writ petition was disposed with the direction that the respondents may pursue their remedy in the civil court.

Issues considered

Whether mutation entries can be recorded in favour of petitioners while the respondents' rights over water resources are pending determination in a civil suit
Whether the court can direct alteration of mutation entries subject to the outcome of a civil suit

Subjects

mutation entry
civil suit
water rights
well
borewell
farm pond
property rights
civil court jurisdiction
writ petition

Judgment

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO.6807 OF 2026


BHALCHANDRA           Harishchandra Laxman Muthal & Ors. ....        Petitioners
GOPAL
DUSANE

Digitally signed by
                                   Vs.
BHALCHANDRA
GOPAL DUSANE
Date: 2026.09.05
12:58:30 +0530        Nandkishor Khanderao Khatale            ....   Respondents
                      & Ors.

                      Mr. Kishor Patil a/w Mr. Pratik Rahade, Anish Kikle and Akshada Nagrale
                      i/b Pratik Rahade for Petitioners.
                      Mr. Rameshwar Gite for Respondents nos. 1 to 4.
                      Smt. Ashwini Purav, AGP for Respondent nos. 9 to 13-State

                                                        CORAM : ARUN R. PEDNEKER, J.
                                                        DATE   : 2nd September 2026
                      P.C. :


                      1.       Heard learned Counsel for the parties.

                      2.       The Respondents have raised an objection to the Mutation Entry on

                      the ground that they claim to have certain rights in respect of the water from

                      the well and pond. The farm pond is partly situated on the land belonging to

                      the Petitioners, which the Petitioners have purchased from their predecessor-

                      in-title.

                      3.       The learned counsel appearing for Respondent Nos. 1 to 4 submits

                      that the Respondents have a right over the water in the farm pond, as well as

                      over one well and three borewells, along with an approach road leading to
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                      39 WP 6807.26.doc                                                    Dusane
the said borewells and well, all of which are situated in the land purchased

by the Petitioners. He further submits that a Civil Suit has also been

instituted seeking reliefs in respect of the aforesaid rights.

4.       It is well settled in law that all mutation entries are subject to the

determination of civil rights by the Civil Court. Accordingly, in the event

that Respondent Nos. 1 to 4 succeed before the Civil Court, they shall be

entitled to apply for recording their names in the mutation records in respect

of their rights over the borewells, well, and pond.

5.       The present Writ Petition concern only with the mutation entries. The

original vendors have appeared before this Court and have already submitted

that they have no objection to recording the names of the Petitioners in the

mutation entries and accordingly this Court has directed to record the names

of the Petitioners in the mutation entry. Considering the same, the Petition is

disposed of with a direction that, in the event Respondent Nos. 1 to 4

succeed in the Civil Suit, they would be entitled to rectify the mutation

entries to the extent of rights available to them.

6.       The Respondents are at liberty to seek remedies before the Civil

Court.

7.       This Court has not expressed any opinion on the merits of the

proceedings before the Civil Court, and the Civil Court shall decide the

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39 WP 6807.26.doc                                                     Dusane
matter in accordance with law.

8.     In view of the order passed today, the Petitioners seek leave to

withdraw all their pending Appeals before the authorities.

9.     Writ Petitions stand disposed of with above observations.



                                                [ ARUN R. PEDNEKER, J. ]




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39 WP 6807.26.doc                                                  Dusane

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