1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8930 OF 2009 Satish Kusumakar Gadkari & Ors. .. Petitioners. Vs. Keshav Sidram Sontale & Anr. .. Respondents. Mr.S.A.Kumbhakoni for the petitioners. Ms.P.S.Cardozo A.G.P. for respondent nos.2 and 3. CORAM : D.B. BHOSALE, J. DATED : 16TH OCTOBER, 2009 P.C. . Heard learned counsel for the parties. 2. This writ petiiton is arising from RTS proceedings. An issue of heirship is involved, which, in my opinion, cannot be gone into in this proceedings. Whether the petitioners are the heirs of Sidram Nanaji Sontale, can be decided by appropriate court. The observation to that effect is made by the Addl. Commissioner in paragraph 3(iv) of the impugned order. Mr.Kumbhakoni, learned counsel for the petitioners submits that during pendency of these proceedings, the land in dispute has been acquired and a notice under section 12 of the Land Acquisition Act has also been issued and the petitioners, 2 therefore, apprehend that the amount of compensation is likely to be disbursed. He submits that the petitioners are prepared to approach a civil court for appropriate relief including the order of injunction against the Special Land Acquisition Officer restraining him from disbursing the amount of compensation, till their rights are adjudicated by the civil court in the suit that they propose to file. Having considered the nature of dispute and the submissions of learned counsel for the petitioners, I am satisfied that this petition can be disposed of by the following order: It is open to the petitioners to file a civil suit for appropriate reliefs including the relief of injunction restraining the Special Land Acquisition Officer, Solapur, from disbursing the compensation in favour of respondent no.1. If the petitioners ultimately succeed in the suit it is open for them to approach the revenue authorities afresh for effecting necessary changes in the record of rights. The parties are directed to maintain status quo for a period of 15 days from today, insofar as the compensation that is likely to be disbursed by the Special Land Acquisition Officer is concerned, to enable the petitioners to file a civil suit and obtain appropriate orders in the suit. While granting the order of status quo I shall not be understood to have expressed any opinion in respect of rights of the petitioners and the civil court 3 shall deal the suit on merits in accordance with law. The order of status quo is granted only to enable the petitioners to approach the civil court. With these observations the writ petition is disposed of. (D. B. Bhosale, J.)