wp10517-09.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10517 OF 2009 Umesh Dattatray Naik & Ors. .. Petitioners Versus Gajanan Govind Thakur & Ors. .. Respondents Mr.Atul Damle with Rupesh R. Lanjekar for petitioners Mr.G.J.Sabnis for respondent No.1 CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd JUNE 2011. P.C.: 1] Heard Mr.Damle for petitioners. After having perused the order under challenge, I am of the opinion that the same does not decide or conclude the issue of right, title and interest claimed by the petitioners in the immovable property. It has been pointed out fairly by the petitioners that the first respondent had filed a suit which came to be dismissed and an appeal before the Dist. Court being Civil Appeal No.41 of 2009 is pending. Further, the first respondent has also claimed a wp10517-09.doc 2 declaration of tenancy. 2] I have no doubt in my mind that if the petitioners claim any right, title and interest in the property, they can always institute their independent proceedings before competent court and the revenue authorities will have to abide by the judgement in that behalf. Equally, the revenue authorities will abide by the outcome of the appeal preferred by the first respondent challenging dismissal of the suit seeking reliefs against the petitioners. All contentions of both sides in these proceedings remain unaffected and mere revenue entries cannot prejudice the rights and contentions in that behalf. With this clarification the petition is disposed of. No costs. (S.C.DHARMADHIKARI, J)