WP 3594 of 10 1 SSK/39 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3594 OF 2010 Shri Shaikh Abdul Wadut Gafar ....Petitioner Versus Shri Dawoodbhai Karim Dhanaji & Anr. ...Respondents Mr. Avinash Avhad, Advocate for the Petitioner. Mr. R. M. Patne, AGP for Respondent No.2. CORAM : R. V. MORE, J. DATED :2nd AUGUST, 2010. P.C.: Heard learned Counsel for the Petitioner. 2. The Petition pertains to recording of mutation entry. It is now a settled position of law that mutation entry does not create or extinguish rights of the party and the same is recorded only for fiscal purposes. The parties are always at liberty to approach the Civil Court to get their rights adjudicated. A reference can be made to the decision of the Apex Court in the matter of Balwant Singh & Another V/s. Daulat Singh reported in 1997(7) SCC 137. WP 3594 of 10 2 SSK/39 3. In the present case, the Respondents have filed a suit for declaration and I am told that same is dismissed for default. It is for the Respondents to apply for restoration. In the light of the observations, I am not inclined to interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. The petition is accordingly, disposed of. (R. V. MORE, J.)