Bapubhai Manjubhai Pavar vs Special Secretary (Appeals) ...
2021 Latest Caselaw 1294 Guj

          C/LPA/693/2020                                  ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO. 693 of 2020
          In R/SPECIAL CIVIL APPLICATION NO. 7543 of 2020
                               With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/LETTERS PATENT APPEAL NO. 693 of 2020
==========================================================
                 BAPUBHAI MANJUBHAI PAVAR
                           Versus
      SPECIAL SECRETARY (APPEALS) REVENUE DEPARTMENT
==========================================================
Appearance:
MR SHAKEEL A QURESHI(1077) for the Appellant(s) No.
1,2,2.1,2.2,2.3,3,4,5,6,7,8,9
 for the Respondent(s) No. 1,2,3
MR VEDANT RAJGURU FOR MR MAYUR RAJGURU(1198) for the
Respondent(s) No. 4
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
        NATH
        and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                           Date : 28/01/2021

                            ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1 We have heard Mr. S.A.Qureshi, learned counsel for the appellants, learned advocate Mr. Vedant Rajguru for Mr. Mayur Rajguru, learned counsel appearing for the private respondents and Mr. D.M.Devnani, learned Assistant Government Pleader for the State respondents.

2 Admittedly, between the parties civil suit is pending before the competent Civil Court for adjudication of rights and for testing the correctness of the Will, which is basis of claim of one of the parties. It is also an admitted

C/LPA/693/2020 ORDER

position that the decision of the Civil Court would bind the revenue mutation entries and whatever revenue mutation entries are standing as on the date would be over-ridden by the judgment of the Civil Court and accordingly the revenue record would be corrected. The learned Single Judge while allowing the writ petition apparently missed out to record this aspect. Beyond the above, no other argument has been raised by Mr. Qureshi.

3 We accordingly dispose of this appeal without interfering with the judgment of the learned Single Judge by only adding that whatever be the outcome of the civil proceedings, the same would bind the revenue authorities and the revenue entries.

4 The appeal accordingly stands disposed of. Connected Civil Application stands disposed of.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) P. SUBRAHMANYAM