Pravin Prakash Lule And Others vs Pratiksha Nana Avhale And Others
2022 Latest Caselaw 7536 Bom

                                                           1                           926.WP.110-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                             WRIT PETITION NO. 110 OF 2022
                                    ( Pravin Prakash Lule & Ors.
                                                 Vs.
                                   Pratiksha Nana Avhale & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. J.B. Gandhi, Advocate for the Petitioners.
                                  Ms. Mrunal Barabde, AGP for the Respondent Nos. 4 to 8/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 2nd AUGUST, 2022.

Heard Mr. Gandhi, learned counsel for the petitioners and Ms. Barabde, learned AGP for the respondent Nos. 4 to 8/State.

2. Mr. Gandhi, learned counsel for the petitioners submits, that by way of a gift deed dated 10.01.2018 executed by the respondent No. 2 in favour of the respondent No.1 in respect of ancestral property, the same is the subject matter of a challenge in RCS No. 159/2019, in which by an order dated 02.08.2019, the respondent No.1 has been restrained from creating any third party interest till final adjudication of the suit. He submits, that on the basis of the gift deed dated 10.01.2018, mutation entry was taken in respect of the property which was its subject matter, in the name of the respondent No.1. This mutation entry was challenged by 2 926.WP.110-2022.odt

the petitioners before the respondent No.4, who by the order dated 24.07.2018 accepted the objection and cancelled the mutation entry 594. In appeal, the learned SDO by the order dated 26.02.2019 reversed the order of the respondent No.4 and maintained the mutation entry

594. A further appeal before the Additional Collector has also been dismissed by the order dated 03.10.2019 and so is the case with the revision carried to the learned Additional Commissioner which has been dismissed by the order dated 30.11.2021.

3. Since, the mutation entry has been taken on the basis of the registered gift deed dated 10.01.2018, I do not see any infirmity in the orders passed by the respondent Nos. 5 to 7, as a registered document would have the effect of transferring a title. There is therefore no infirmity in the impugned orders, considering which, the petition is accordingly dismissed.

4. Needless to say, that since the matter is already subjudice before the Civil Court in RCS No. 159/2019, the judgment rendered therein, shall bind the parties to it.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:03.08.2022 18:01