IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WP/6825/2010 RAGHUNATH KAMAJI KHILLARE V/S SUSHILA KHOBRAJI BHUMRE AND ORS ... Shri S.R.Bagal, Advocate for petitioner and Shri P.N.Kalani, Advocate for respondents. ... CORAM : B.P. DHARMADHIKARI,J. Dated : April 15, 2011 PER COURT :- 1. Mutation entries in favour of the petitioner have been set aside by the learned Additional Divisional Commissioner by the impugned order dated 30.6.2009 after noticing the orders dated 3.10.1990 passed by the learned II Additional District Judge, Parbhani in M.A. No. 28 of 1997. 2. Learned counsel for the petitioner submits that the mutation entries Nos. 386 and 412 are set aside but subsequent mutation entry No. 577 was not questioned at all. He points out that his vendors did not point out the sale in favour of the petitioner and the petitioner was not given an opportunity of hearing in the matter. He further states that the order dated 3.10.1998 itself is incorrect because the decree was not passed in a suit for partition but it was for removal of encroachment and hence there was no reason to forward any precept to Collector under Section 54 of the Code of Civil Procedure. In the alternative, learned counsel also points out that said order dated 3.10.1998 was never executed and therefore, vendors of the petitioner always continued in possession. In this view of 2 WP/6825/2010 the matter, he contends that the impugned order is unsustainable and deserves to be quashed and set aside. He further seeks time to place on record subsequent sale deed executed by the petitioner in favour of third person. It is, therefore, apparent that the petitioner has already sold the suit property to some third person. The entries are only the mutation entries for the said purposes and unless and until the sale deed and other documents are challenged the final verdict in this respect cannot be delivered. The orders of revenue authorities cannot adjudicate the controversy finally. 3. Hence, with liberty to parties to file appropriate proceedings before the Civil Court, present Writ Petition stands disposed of. No order as to costs. ( B.P. DHARMADHIKARI, J.) ... akl