1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4475 OF 2009 Kahnderao Sakharam Peshave .. Petitioner. Vs. Mhalsakant Sakharam Peshave .. Respondents. Mr.Ajay A.Joshi for the petitioner. Coram: D.B. BHOSALE, J. Dated : 13TH AUGUST, 2009 P.C. . Heard learned counsel for the petitioner. 2. This writ petition arises from the orders passed by the revenue authorities in R.T.S. proceedings. In the order passed by the Additional Commissioner, Pune Division, Pune, dated 11.2.2009, the Commissioner while dismissing the revision application has made the following observations: “(iv) For the findings recorded as above, it is my opinion that the challenge to the unregistered watap patra dated 14.2.1974, raised by the present applicant is essentially a civil issue and if he is not satisfied with the said watap patra, he should approach the competent civil court in that respect. In this respect, the order dated 1.9.2007 passed by the 9th Joint Civil Judge, Pune below exhibit 5 in RCS No.898/2007 filed by the son of the 2 present applicant Rajendra Khanderao Peshave and others, also should be perused. The copy of the said order is already on record.” 3. Mr.Joshi, learned counsel for the petitioner submits that a suit referred to in the order of the Commissioner bearing R.C.S.No.898 of 2007 was withdrawn by the petitioner with liberty to file fresh suit. Accordingly, the petitioner has filed a fresh suit being regular civil suit No.143 of 2008 for partition and separate possession of his share in the joint family properties. That suit is pending. In view thereof I am satisfied that no useful purpose will be served by keeping this petition pending in this court and that the following order shall meet the ends of justice: The Civil Court shall decide regular civil suit No.143 of 2008 on merits in accordance with law and uninfluenced by the observations made in these proceedings by the revenue authorities. After the rights of the parties are adjudicated in the civil suit it is open to the petitioner to approach revenue authorities afresh for effecting fresh entries in the revenue record as per the orders passed in the civil suit. With these observations the writ petition is disposed of. (D. B. Bhosale, J.)