1 wp 8148.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8148 OF 2011 Prakash Tukaram Patil .. Petitioner Versus Brijlal Fakira Khedkar and others .. Respondent Shri Tiwari S. P. Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 18TH OCTOBER, 2011. PER COURT : . The petitioner filed an application to stay the civil suit on the ground that the proceedings are pending before the Revenue Authorities for correction of boundary. The suit is filed by the present petitioner for possession of the encroached portion. The Trial Court rejected the said application. Aggrieved thereby present petition is filed. 2. Shri Tiwari, the learned counsel for the petitioner submits that for correction of boundaries the proceedings are pending and if the suit is decided the same would prejudicially affect the 2 wp 8148.11 revenue proceedings. In such circumstances, the suit can be stayed. The learned counsel relies on the judgment of this Court in a case of Laxman Sawba Tibile Vs. Dattatraya Deo reported in 1994(1) Mh. L. R. 886. 3. The judgment of the civil court is binding on the revenue authorities. It is not a case that an issue with regard to tenancy or such an issue which cannot be dealt with by the Civil Court is pending determination before the Revenue Authorities. The Civil Court can decide the case on its own merits on the basis of evidence available. The present suit cannot be stayed only on the ground that the revenue proceedings are pending for correction of boundaries. Moreover, the suit is also part heard. 4. In view of the above, no error is committed by the Court in rejecting the application. The writ petition is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/Oct. 11