1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LPA NO.269/2011 IN WP NO.5511/2010 (D) [Suresh Bhayyalal Daharwal and two others .vrs. Smt. Pushpa Shamsundar Daharwal and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Shri A.V. Bhide, Advocate for appellants. ......... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : JULY 05, 2011. Heard. By placing reliance upon the judgment of this Court in the case of Bansrajidevi wd/o Bhuval Singh Ramniranjan Singh and others .vrs. M/s. Byramjee Jeejeebhoy Pvt. Ltd. and others, 2006(6) Mh.L.J. 95, Advocate Shri Bhide for the appellants contends that after noticing that mutation in favour of the appellants was without notice to then recorded owners, at the most, the matter could be remanded back for issuing notice to them for extending an opportunity of hearing. He points out that there is a registered Will in favour of the appellants and hence 2 that Will ought to have been acted upon. According to him, that Will has not been assailed till date by the respondent nos.1 and 4 though period of about seven years has been expired. The authorities as also the learned Single Judge has found that the proceedings in the mutation are only for fiscal purposes and do not confer any right. Remedy of filing civil suit is found available to the appellants. As we do not see any error in the matter, we are not inclined to interfere. With liberty to the parties to file appropriate civil suit, present Letters Patent Appeal is disposed of. No costs. JUDGE JUDGE Gulande