1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL NO.184/2007 IN WRIT PETITION NO.2676/2006 (D) [Warlu N. Dewalkar and others .vrs. Additional Commissioner and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : DECEMBER 09, 2011. Heard Shri Anil S. Mardikar, learned counsel for the appellants and Mrs. K.S. Joshi, learned AGP for respondent no.1. The matter was heard on 25.11.2011 and, thereafter, on 2.12.2011. Dispute between the parties is about mutation entry dated 21.5.1999. By that mutation entry, name of the respondent no.2 along with the name of the present appellant no.2 and appellant no.4 was ordered to be deleted as they accepted execution of relinquishment deed. This entry also shows that notice was served on Meerabai, 2 Sitaram on 15.4.1999. This entry was challenged in Revenue Appeal under Section 247 of the Maharashtra Land Revenue Code in the year 2003 and Sub-Divisional Officer by order dated 30.11.2004 has upheld that entry. Respondent no.2 then challenged further appeal before the Additional Collector and Additional Collector allowed that Appeal on 20.4.2005. The present appellants then approached the Additional Commissioner in Revision under Section 257 of the Maharashtra Land Revenue Code and Additional Commissioner has allowed the same on 14.10.2005. This order dated 14.10.2005 has been set aside by the learned Single Judge of this court on 25.6.2007 on the ground that there could not have been relinquishment without registered documents. After hearing respective counsel, we find that respondent no.2 has already filed Regular Civil Suit No.7/2009 before the Civil Judge, Senior Division, Chandrapur and the same is pending. It is apparent that revenue entry serves only fiscal purpose and do not confer any title or any right to property. The dispute in relation to relinquishment deed is now being looked into by the Civil Court. The parties can apply to that court to obtain appropriate 3 interim order also. Hence, we grant time of two months to respondent no.2 to file appropriate application in that civil suit for the said purpose. Till the said application is filed and that court passes suitable order upon it, present appellants shall not encumber the suit property in any way and shall not create any third party interest in it. Subject to these orders, we dispose of Letters Patent Appeal. Rule discharged. No costs. Needless to mention that the controversy will be looked into by the Civil Court independently and uninfluenced by the observations made by this court. JUDGE JUDGE Gulande