1 wp11708.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 11708 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. V.D. Gunale, Advocate for the petitioner. Mr. S.K. Chavan, Advocate for respondent nos. 1 and 2. 1. Advocate Mr. Gunale for the petitioner states that as Civil Suit is already pending between the parties, the challenge in this Petition is rendered infructuous but the orders impugned should not influence the Civil Court. 2. Advocate Mr. Chavan appearing for respondent states that Civil Suit filed by the petitioner-plaintiff is already rejected. Regular Civil Appeal against it is also rejected and in pending Second Appeal, the application was moved by the petitioner to restrain the respondents from interfering with his alleged possession and that application was also rejected. According to him, therefore any clarification about the revenue orders by this Court may influence the consideration of the dispute by Civil Court. 2 wp11708.10 3. Mr. Gunale for petitioner states that earlier Civil Suit was only for injunction while later on Special Civil Suit No. 63 of 2010 has been filed by the petitioner and it is pending. 4. In view of the fact that the Civil Court is already seized with the matter, it is apparent that challenge in the present Writ Petition is rendered infructuous. If the revenue records are looked into and finding has reached finality, it is apparent that the same can not be disturbed by this Court. Therefore, subject to same, it is made clear that the trial Court shall decide the issue on its own merits and not only because of revenue entries. 5. With these observations and directions, the present Writ Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE. 10.02.2011 gas/wp11708.10