-: 1 :- wp-6435/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6436 OF 2011 Heeraman Daulat Gaikwad. ..Petitioner. Versus Nagu Sakharam Gaikwad [since deceased through L.Rs] & Ors. ..Respondents. Mr. Anilkumar Patil for the petitioner. Coram : RANJIT MORE, J. Date : September 9, 2011. P. C. : 1. Heard Mr. Patil, learned counsel for the petitioner. The petition pertains to the recording of mutation entry. The name of predecessor-in-title of respondent-Nagu Gaikwad was recorded in the record of rights of the suit property by virtue of Mutation Entry No.135. This mutation entry was challenged by the petitioner by filing an application before the SDO. That application was rejected by the SDO. However, appeal of the petitioner before the Additional Collector was allowed. The respondent challenged this order before the Additional Commissioner and he reversed the order of the Additional Collector and therefore the present petition. srp -: 2 :- wp-6435/11 3. The petitioner claims title to the suit property. It seems that the respondents are also claiming title to the suit property. One suit is filed by respondent no.2 for simplicitor injunction against the petitioner. Mr. Patil, learned counsel for the petitioner makes a statement that no interim order/injunction is issued against the petitioner. 4. It is settled position of law that the mutation entry does not create or extinguish rights of the party and the same are recorded for fiscal purposes only. A reference can be made to the decision of the Apex Court in the matter of Balwant Singh & Another v/s. Daulat Singh, reported in 1997 (7) SCC 137. Parties are always at liberty to approach the Civil Court to get adjudicated their rights. In the present case, the issue of title will have to be decided by the civil Court. In that view of the matter, I am not inclined to entertain the petition in writ jurisdiction of this Court under Article 227 of the Constitution of India. Writ Petition is therefore disposed of. 5. However, it is clarified that in the event suit is filed by the parties, civil Court is obliged to decide the same on its own merits and without being influenced by the observations made by the revenue authorities for effecting mutation entries. Even the suit filed by respondent no.2 for injunction will have to be -: 3 :- wp-6435/11 decided on its own merits and without being influenced by the reasoning given in the orders passed by the revenue authorities for effecting mutation entries (RANJIT MORE, J.)