✦ Bombay High Court · 28 Jan 2011

Shivaji Sambhaji Taklikar & Ors. v. Bhupendra Chimanbhai Patel & Ors.

Writ Petition No. 489 of 2011A A SAYED, P B MAJMUDAR

Case at a glance

Provisions considered

Key paragraphs

  • Para 11. Considering the fact that the petitioners have challenged the revenue entries, in our view, the petition is not required to be entertained under Article 226 of the Constitution of India as the revenue entry is made for fiscal purpose and the same will have…

Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.489 of 2011 Shivaji Sambhaji Taklikar and Ors. .....Petitioners versus Bhupendra Chimanbhai Patel and Ors. ..... Respondents Mr.P.M.Pradhan, for the petitioner. Ms.S.S.Bhende, AGP, for respondent No.7. CORAM: P.B.MAJMUDAR & A.A.SAYED, JJ. DATE: 28th JANUARY, 2011. P.C. :

1.

Considering the fact that the petitioners have challenged the revenue entries, in our view, the petition is not required to be entertained under Article 226 of the Constitution of India as the revenue entry is made for fiscal purpose and the same will have no bearing so far as title to the property is concerned. If any suit is pending, the Civil Court shall decide the rights of the parties without being swayed by the fact that there is any revenue entry and the suit shall be decided on its own merits and in accordance with law. In view of what is stated above, the writ petition is disposed

2.

of. ( A.A.SAYED, J. )

( P.B.MAJMUDAR, J. )

Questions this judgment answers

Which statutory provisions did this judgment involve?

Constitution of India — art. 226.

Which court decided this case, and when?

Bombay High Court, on 28 Jan 2011. The bench was A A SAYED, P B MAJMUDAR.

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.

Why is this linked?

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