1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.5318 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The petitioner claims to be legal heir of deceased Barku Chimna Patil. Said Barku was owner of the suit house property bearing CTS No.194. The Respondent No.5 filed an application for mutation of her name in the City Survey record on the basis of a registered will- deed dated 8.2.1980 executed by deceased Barku in favor of her husband. Her husband was nephew of deceased Barku. The name of petitioner was entered into as legal heir in the place of deceased Barku but lateron the Deputy Collector, Land Records confirmed order of the Superintendent of Land Records, whereby mutation granted in name of petitioner was cancelled and name of the Respondent No.5 was recorded. 3. The petition involves disputed questions of facts pertaining to the alleged will-deed executed by deceased Barku. The contention of the petitioner before the City Survey authorities was that deceased Barku was not on good terms with husband of the Respondent No.5 and there was no reason for him to execute the so-called will-deed. The City Survey Authorities have directed the parties to get the dispute decided from the Civil Court. The parties may agitate all the relevant questions before the Civil Court in appropriate proceedings. The mere entries in the City Survey record shall not be treated as final as regards question of title, transfer by way of will or the legal rights available to the petitioner as heir of deceased Barku. The parties shall maintain statusquo position as regards possession of the suit property. The petition is, however, dismissed in view of the involvement of the disputed questions. (V.R.KINGAONKAR,J.) Dt.08.07.2009. asp/office/wp5318.08