FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.8691 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr C.G.Gavnekar, for the petitioner. CORAM: D.B.Bhosale,J. DATED: 12.02.2008 P.C.: Heard learned counsel for the petitioner. This petition arises from the orders passed by the revenue authorities in RTS proceedings. It appears that one Pandurang Gurav, maternal uncle of the petitioner, bequeathed his share in the suit properties and on the basis thereof the petitioner had applied for entering his name in the record of rights in respect of those properties. The Additional Commissioner, Konkan Division, in the impugned order dated 27.8.2007, has observed and which is not disputed by the petitioner that the lands in dispute are ancestral properties and that there is no partition. Even if it is assumed that the petitioner has acquired rights in the suit properties on the basis of the Will executed by Pandurang Gurav, the petitioner will either have to file a suit for partition and/or obtain probate of the Will. This court is informed that the petitioner has already filed a civil suit for partition bearing No.77 of 2001 and has prayed for half share of the immovable properties left by deceased Pandurang Gurav on the basis of the Will executed in his favour. In view thereof, I do not deem it appropriate to set aside the impugned orders as the orders passed by the revenue authorities will be subject to result of the suit. It is always open for the petitioner to approach the revenue authorities afresh after the rights of the parties are adjudicated in the civil proceedings. The civil court shall decide the suit on merits in accordance with law and without being influenced by the observations made in the instant proceedings. With these observations, the writ petition is disposed of. (D.B.Bhosale, J.)