IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE WRIT PETITION NO.3167 of 2008 WRIT PETITION NO.3167 of 2008 WRIT PETITION NO.3167 of 2008 Hitesh C.Thakkar & Ors. ..Petitioners Versus State of Maharashtra & Ors. ..Respondents Mr. A.S.Rai for the Petitioners Mr. Sumeer, AGP for Respondent Nos.1 to 4. Mr. V.T. Lulia, for the Respondent No.5. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. DATED : 10TH SEPTEMBER,2008 DATED : 10TH SEPTEMBER,2008 DATED : 10TH SEPTEMBER,2008 P.C. P.C. P.C. . Perused Petition. Rule, returnable forthwith. Heard finally by consent of the parties. 2. This petition is directed against the order dated 21st February, 2008 passed by the Deputy Director of Land Records, Konkan Pradesh, Mumbai in Appeal No.738 of 2005 whereby the order dated 28th February, 2005 passed by the Superintendent of Land Records, Mumbai Suburban, taking the name of the present petitioner on record in respect of property bearing C.S.No.457/30 situate at City Survey Malad (N), Taluka Borivali, District Mumbai Suburban came to be set aside. 3. Both parties agreed that the impugned order be set aside and the Mutation Entry, in respect of the suit property, taken by the City Survey Officer, should be made -2- subject to the result of the Civil as well as revenue proceedings which are pending in Civil Court and also under the provisions of the Maharashtra Co-operative Societies Act with a specific mention that Smt. Sunita Tejani transferred her rights in favour of the petitioners and that the said transfer shall be subject to the result of the litigation as referred herein. With this entry the property card should be maintained. 4. This order is being passed by consent of the parties, however, without prejudice to the rights of the parties in the pending litigation in various courts. With this observation petition stands disposed of with no orders. Any observation made in the impugned order or this order shall not come in the way of both the parties. All rival contentions are specifically kept open. (V.C. DAGA, J.) (V.C. DAGA, J.) (V.C. DAGA, J.)