1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5176 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr M.S.Karnik, for the petitioner. Mr.Rahul Chitnis with Prashant Beri i/b Beri & Co for respondent no.1. CORAM : D.B.BHOSALE, J. DATE : 30/09/2009 PC: Heard learned counsel for the parties. This writ petition arises from the orders passed by Revenue Authorities in RTS proceedings. The petitioner claims that he is in possession of the property in dispute, being Survey No.226A, Hissa no. 10, admeasuring 12 Ares, situate at village Jamsande, Taluka Deogad, District- Sindhudurg. Admittedly, respondent no.1 is the owner of the property in dispute. Mr Chitnis, learned counsel for respondent no.1, submits that T 2 respondent no.1 intends to file civil suit for possession of the property in dispute. In view thereof, and having considered overall facts and circumstances of the case, I am satisfied that this petition need not be entertained and the following order shall meet the ends of justice. If respondent no.1 files civil suit, as aforestated, the Civil Court shall decide the same on merits in accordance with law and without being influenced by the observations made by the Revenue Authorities in these proceedings. It is open to the parties to approach Revenue Authority afresh after the suit is finally decided for effecting necessary changes in the record of rights. All contentions of the parties, insofar as their rights in the property in dispute are concerned, are kept open. With these observations, the writ petition is disposed of. (D.B.BHOSALE, J.) 3 4