1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4456/2010 Shyamlal Sunderlal Jaria and others. -: VERSUS :- Smt. Laxmibai Suresh Varma Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : SEPTEMBER 09, 2010. Heard Shri R.N. Kendurkar, learned counsel for petitioners. He states that the document looked into as Gift-deed is infact not a document of gift and it is memorandum of relinquishment. He further argues that the alleged Will is fradulent and this can be demonstrated even without any evidence. The Will has been registered after the demise of the testator. The Authorities below have only considered the documents in mutation dispute. The findings recorded by them are not binding on Civil Court. The Civil Court has to adjudicate the questions in relation to these documents in accordance with the evidence adduced before it and on the basis of law. The Civil proceedings are already pending. 2 Learned counsel further contended that taking advantage of the mutation, respondent may attempt to create third party interest in the properties. It is open to the petitioner to obtain appropriate orders from the Competent Civil Court. I therefore, do not find any prejudice caused to the petitioners at this stage. Writ Petition is rejected. No costs. JUDGE Rgd.