-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1427 OF 2010 Kadu Charu Ambekar. ..Petitioner. Versus Baburao S. Mhatre. ..Respondent. Mr. Anil Y. Sakhare, Sr. Advocate a/w Mr. G. N. Pandit for the petitioner. Coram : R. V. MORE, J. Date : March 22, 2010. P. C. : 1. Heard Mr. Sakhare, learned senior counsel for the petitioner. The petition pertains to the recording of mutation entry. It is submitted that in a partition which was effected in the year 1986 between the petitioner and his father the suit property was given to the petitioner and accordingly Mutation Entry No. 673 was recorded. However, it is alleged by the respondent that prior to partition between the petitioner and his father, the petitioner’s father sold out this property to him on 7th December 1978. 2. In the year 1977, the petitioner sold the property to one Jayant Dodiya vide a registered sale deed. In pursuance of this sale deed the purchaser from the petitioner applied for recording of mutation entry. This was objected by the respondent on the ground that they are the owners of the suit property on the basis of the registered sale deed dated 7th December 1978 executed by the petitioner’s father in their favour. -: 2 :- 3. By the impugned order the Divisional Commissioner accepted the respondent’s contention and mutation entry no. 673 was set aside. It is settled position of law that the mutation entry does not create or extinguish rights of the party and the same are recorded for the fiscal purposes only. Remedy of the parties is to approach the Civil Court to get decided their title. In that view of the matter, I am not inclined to interfere with the impugned order in the writ jurisdiction of this Court under Article 227 of the Constitution of India. Writ Petition is therefore dismissed. (R.V. MORE, J.)