ssp 1 LPA 195 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.195 OF 2011 IN WRIT PETITION NO.9157 OF 2010 Eknath Chimaji Jagtap & Ors. .....Appellants versus The Divisional Commissioner, Pune Division and Ors. ..... Respondents Mr.A.V.Anturkar i/by Mr.S.B.Deshmukh, for the appellants. Mr.S.D.Paigude, for respondent No.6. CORAM: P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ. DATE: 08 th AUGUST, 2011 P.C. 1. Considering the reasoning of the learned Single Judge, we are of the view that the learned Single Judge has rightly held that in view of the disputed questions of fact involved, the appropriate remedy would be to file regular civil suit in order to get his title established over the disputed property. Learned counsel for the appellant submitted that the original order is not on file, but only photocopy of the order was produced on record. In this connection, the Divisional Commissioner has already filed an affidavit before the learned Single Judge stating in Para No.3 that one Mr.Popat Muley had applied to the Additional Collector for regularization of sale transaction. By an order dated 10-05-1991, the ssp 2 LPA 195 of 2011 transaction was regularized and it was directed that necessary Nazrana be paid. The original copy of the said order is at page No.19 of File No.1, containing office copies in the office of the Tahasildar, Haveli, District, Pune. 2. Learned counsel for the appellant submitted that no such order was passed and only photocopy was produced before the learned Single Judge. Whether the photocopy is from original order or not, is the question which can be determined by the competent civil court on the basis of evidence on record. This Court cannot go into disputed questions of fact and the learned Single Judge has rightly not exercised writ jurisdiction under Article 226 of the Constitution of India, giving liberty to the appellants to approach the competent civil court to establish their title over the property in question. We do not find any infirmity in the order of the learned Single Judge. Hence, the appeal is dismissed, subject to granting permission to the appellant to approach competent civil Court and to file appropriate proceedings and to take all available points which are taken in this appeal and which are taken even in the writ petition. ( MRS.MRIDULA BHATKAR, J. ) ( P.B.MAJMUDAR, J. )