Citation : 2022 Latest Caselaw 1610 Tel
Judgement Date : 29 March, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.538 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
29.06.2021 passed by the learned Single Judge in
W.P.No.18573 of 2020.
The undisputed facts of the case reveal that the writ
petition was preferred by the respondent No.1 in the writ appeal
being aggrieved by the order dated 03.09.2020 which was in
respect of revenue entries and the learned Single Judge has
allowed the writ petition with a liberty to the parties to work out
the remedies as available under the law in respect of inter se
dispute.
It has been brought to the notice of this Court that now a
civil suit i.e., O.S.No.166 of 2021 has been preferred by the
present appellant claiming title as well as challenging the
entries made in the revenue records.
In the considered of this Court, all the disputed questions
of fact can be sorted out in the civil suit after appreciation of
evidence.
Resultantly, the present writ appeal stands disposed of
and the observations made by the learned Single Judge will not
come in the way of the parties. So far as the pending civil suit is
concerned, the same shall be decided on the basis of the
evidence adduced by the parties.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ
_______________________ ABHINAND KUMAR SHAVILI, J
29.03.2022 JSU
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