NO.7080 OF 2008 Ramchandra Shamborao Ghodke Versus Narayan Shridhar Ghodke (since deceassed & Ors. v. MORE & Anr.
Case at a glance
- Decided
- 06 Jul 2010
- Bench
- R V MORE
Provisions considered
- Constitution of India art. 227
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7080 OF 2008 Ramchandra Shamborao Ghodke & Ors. Versus Narayan Shridhar Ghodke (since deceassed through his legal heirs and representatives) & Ors. ....Petitioners ...Respondents Mr. P. S. Dani, Advocate for the Petitioners. Mr. G. S.Godbole i/b. Mr. Nitin Mulye, Advocate for Respondent Nos. 2, 20 & 21. Ms. P. S. Cardozo, AGP for Respondent No.22 to 26. CORAM : R. V. MORE, J. DATED : 6th JULY, 2010. P.C.: Heard learned Counsel for the respective parties.
The Petition pertains to recording of mutation entry. It is now a settled position of law that mutation entry does not create or extinguish rights of the party and the same is recorded only for fiscal purposes. The parties are always at liberty to approach the Civil Court to get their rights adjudicated. A reference can be made to the decision of the Apex Court in the matter of Balwant Singh & Another V/s. Daulat Singh reported in 1997(7) SCC 137. In that view of the matter, I am not inclined to entertain the petition and interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. The writ petition is therefore dismissed.
(R. V. MORE, J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Which court decided this case, and when?
Bombay High Court, on 06 Jul 2010. The bench was R V MORE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.