ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 782 OF 2005 PETITION NO. 782 OF 2005 PETITION NO. 782 OF 2005 Mr.Dilip Keshavrao Joshi ...Petitioner Vs. Sau.Shobha Raosaheb Ambi & Ors. ...Respondents. Mr.N.J.Patil for the Petitioner. Mr.R.M.Patne, AGP for Respondent No.6. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 5th August, 2008 : 5th August, 2008 : 5th August, 2008. P.C. P.C. P.C. . Heard Mr.Patil the learned counsel appearing for the Petitioner and Mr.Patne, the learned A.G.P., for Respondent No.6. 2. Mr.Patil, submits that the property in question was purchased by the Petitioner on 28/11/1985 by registered sale deed executed by Respondent No.4 in his capacity as a Karta and thereafter, the Mutation Entry was effected in his favour on 30/07/2001. Subsequently, the Respondent No. 3 filed the suit for partition claiming share in the property which was sold to the Petitioner. The Petitioner was not made party to this suit. The parties to the suit viz. Respondent Nos. 1 to 4 compromised the same and ( 2 ) consent decree came to be passed. 3. The Mutation entry was objected by Respondent Nos. 1 to 3 by filing the dispute application before the Circle Officer, Ichalkaranji and the Circle Officer confirmed the Mutation entry. The appeal filed by the Respondent No.1 to 3 before the S.D.O. was allowed. Thereafter, the Petitioner’s second appeal before the Collector was allowed. The Respondent No.1 to 3 again challenged this order before the Commissioner which was allowed and therefore the present petition. 4. Mr.Patil, does not dispute that he has also filed Regular Civil Suit No. 268/2001 against the Respondent for declaration that the decree obtained by them in partition suit, is not binding on him. In my view, the mutation entry is effected for the fiscal purpose and it does not create nor extinguish any rights. The rights of the Petitioner to the property in question will be adjudicated in this suit. In that view of the matter, I am not inclined to interfere in this petition. 5. The Petition is, accordingly, dismissed. ( 3 ) ( R. V. MORE, J.) R. V. MORE, J.) R. V. MORE, J.)