1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1774 OF 2009 Dropadabai Baburao Hire (deceased through LRs) Ambadas B.Hire & Anr. .. Petitioners. Vs. Meenabai L.Kale & Ors. .. Respondents. Mr.M.M.Sathaye and Mr.S.P.Shinde for the petitioner. Mr.S.M.Sabrad for respondent no.1. Coram: D.B. BHOSALE, J. Dated : 31ST AUGUST, 2009 P.C. . Heard learned counsel for the parties. 2. This writ petition arises from orders passed by the revenue authorities in R.T.S. proceedings. The petitioner had filed an application before the Tahsildar for cancellation of mutuation entry No.441 in pursuance of the judgment and decree dated 8.8.2003 passed in Special Regular Civil Suit No.147 of 2009. The order of the Commissioner and Collector are against the petitioner. This court is informed that an appeal against the judgment and decree dated 8.8.2003 being civil appeal No.79 of 2003 is pending before the Addl. District Judge, Niphad. In view thereof and having considered overall facts and circumstances of the case I am satisfied that the following order 2 shall meet the ends of justice: (a) The Addl. District Judge, Niphad, shall decide civil appeal No.79 of 2003 on merits in accordance with law and uninfluenced by the orders passed by the revenue authorities in the instant proceedings. It is open to the petitioner to approach the revenue authorities afresh for affecting necessary entries in the record of rights after the appeal is finally decided. The revenue authorities in that event shall effect necessary entries on the basis of judgment passed by the court in civil appeal No. 79 of 2003. (b) It is also open to the petitioner to file an application for appropriate relief in the appeal, if he so desire. (c) The order of status quo, with respect to the petitioner’s possession, granted by this court shall remain operative for a period of four weeks from today. With these observations the writ petition is disposed of. (D. B. Bhosale, J.)