1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6611 OF 2009 Ashok s/o Shankar Bari .. Petitioner Versus Ramesh Pundlik Katole (Bari) and anr. .. Respondents Shri G.V.Wani, Advocate for petitioner Shri M.M.Bhokarikar, Advocate for respondents 1 and 2 CORAM : S.V. GANGAPURWALA DATE : 1st April, 2010 PER COURT 1. The present writ petition questions the judgment passed by the learned Additional Commissioner, Nasik in Review Application No.306 of 2007 wherein the review application filed by the present petitioner is dismissed. The subject matter of the proceedings was mutation entry bearing No.5634 effected on 19.10.2004 in favour of the present petitioner. All the authorities have recorded a finding of fact against the present petitioner. 2. Shri Wani, learned Advocate relying on the judgment of this Court in case of Arvind s/o Yeshwantrao Deshpande vs. State of Maharashtra and others, reported in 2003 (3) Mh.L.J.1039, has submitted that a property received by a co-parcener in partition of a joint Hindu family property is not a transfer and registration thereof is not necessary. In the 2 said case there was an oral partition which was thereafter reduced into writing and in that context the said observations have been made by the Division Bench of this Court. 3. In the present case the case of the petitioner is that the respondent had relinquished their right in the said property and as it was within the family, the said relinquishment is not required registration. The said submission cannot be accepted for the reason the relinquishment deed is a document which requires compulsory registration as per Section 17 of the Registration Act. 4. In view of concurrent findings of fact recorded by all the competent authorities, I see no reason for interference in the said finding of facts hence, writ petition is rejected with no order as to costs. 5. It is needless to say that if the parties approach the civil Court, then the present order would not come in the way of the petitioner as the mutation proceedings are only for fiscal purpose. ( S.V. GANGAPURWALA, J.) (vvr/6611.09wp)