IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 1574 OF 1992 WRIT PETITION NO. 1574 OF 1992 WRIT PETITION NO. 1574 OF 1992 Shri Tukaram Dadu Patil, since deceased through his heirs- 1a. Rajendra Tukaram Patil, 1b. Sou Babetai Shripati Ambekar, 1c. Sou.Mangala Ananda Chougale, 1d. Sou.Sharda Pandurang Sankpal, 1e. Smt.Kalpana Tukaram Patil, 1f. Smt.Laxmibai Tukaram Patil. ... Petitioners. V/s. Shri Balu Dadu Patil. ... Respondent. M.R.Suryawanshi for the petitioners. Ms.Vandana S. Deshpande for the respondent. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 28th January 2009. DATED: 28th January 2009. DATED: 28th January 2009. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the rival parties. Perused record. 2. This petition is directed against the judgment and order dated 14th February, 1992 passed by the Additional Commissioner, Pune Division, Pune in Revision Application No.RTS.SR.164/90 whereby the order dated 26th March, 1990 passed by the Additional Collector, Kolhapur in Second RTS Appeal No.308/1989 was set aside and the order of the Tahasildar, Radhanagari dated 14th February, 1989 came to be confirmed whereunder the Tahasildar directed mutation in respect of Gat No.307, village- Tarale (Khurda), taluka- Radhanagari, district- Kolhapur in the name of original petitioner i.e. late Shri Tukaram Dadu Patil and his brother Shri Balu Dadu Patil showing interest in the ratio of 50:50 in view of death of their father Shri Dadu Patil in the year 1951. The view taken by the Tahasildar is that after the death of father both sons have inherited tenanted property in the ratio of 50:50. 3. The learned counsel appearing for the respective parties jointly brought to my notice that the tenancy litigation is pending in the Maharashtra Revenue Tribunal (MRT). Both of them submits that the mutation entry to be made as per the order of the Tahasildar dated 14th February, 1999 should be subject to the result of the tenancy litigation pending in the MRT and/or civil Court as the case may be. 4. In view of the above joint submission made and reasonableness thereof, I find it reasonable to modify the impugned order to the extent that mutation of entry as per the impugned order shall be subject to the result of the tenancy litigation pending in the MRT and/or civil litigation pending in the civil Court. Order accordingly. All rival contentions with respect to civil as well as tenancy litigation are kept open for being considered by the respective courts on its own merits. 5. In the result, petition is disposed of in terms of this order with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)