1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3790 OF 2008 Sow. Ashabai Babasaheb Akat ..... PETITIONER V E R S U S The State of Maharashtra & Others .... RESPONDENTS Shri. D.J.Choudhari, Advocate for Petitioner. Shri. D.V. Tele, A.G.P. for Respondent Nos. 1 & 3. Shri. V.S. Panpatte, Advocate for Respondent no. 4. Shri. V. D.Hon, Advocate for Respondent no. 5. [ CORAM : V.R.KINGAONKAR, J. ] DATE : 26/06/2009 ------------------------------------------------- PER COURT : 1. Heard learned counsel for parties. 2. By consent, the petition is being disposed of in the following manner. [ i ] The impugned orders challenged by the petitioner are hereby quashed with liberty to agitate all the relevant points before the Civil Court by both the sides in the Suit which is filed by the petitioner bearing 2 R.C.S. No. 15 of 2009. [ ii ] The Respondent no. 5 had filed Writ Petition No. 2217 of 2005, which has been decided on 4/4/2005 by Co-ordinate Bench (Hon’ble Justice Naik A.B.), wherein leave was granted to file a Suit to get the rights established. Mr. Hon states that such a Suit is contemplated and would be filed. If such Suit is filed by the respondent no. 5 or any other respondent, then all the questions including that of the limitation, are kept open for consideration of the Civil Court. [ iii ] The parties are relegated to the jurisdiction of the Civil Court to agitate all the controversial questions and that the Civil Court be not influenced by any of the orders, which are impugned. The parties may, after the decision of the Civil Court, apply for suitable mutation entries. 3. The petition is accordingly disposed of. [ V.R.KINGAONKAR ] JUDGE knp/WP3790.08