*1* wp.5490.10.921.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5490 OF 2010 Vasant Rama Bavishe (Dhodi). ..Petitioner -Versus- Dattatraya Laxman Bavishe and others. ..Respondents .......... Mr.Balasaheb Deshmukh, for the Petitioner. None for the Respondent Nos.1 and 2. Mrs.M.S.Bane, AGP, for the Respondent No.3. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 14th July, 2011. P.C.: 1 On this Writ Petition while issuing the notice, this Court on 14.10.2010 made it clear that the same is issued only because of the ground (d) mentioned in the Writ Petition, which reads thus:- “(d) The Ld Minister Revenue Mantralaya ought to have given the intimation, notice of hearing to the Petitioner, without giving any notice, intimation, date of hearing, the hearing was conducted by the Ld Minister Revenue Mantralaya. Hence on this ground also the interference of this Hon’ble Court is necessary.” 2 Today, the matter is taken up for admission and the learned counsel appearing for the Petitioner, pointed out that the impugned order is erroneous in law and tried to urge that even on merits the same could not have been passed. 3 In my view, once the Petitioner’s Advocate has argued the matter pointing out the infirmities and errors in the impugned order, there is no necessity of going into the aspect as to whether, the Petitioner is *2* wp.5490.10.921.sxw prejudiced by the so called ex-parte order. In my view, the remedy of the Petitioner is to file a civil suit to impugn all transactions. I am informed that the Petitioner has done so. 4 In such circumstances and bearing in mind the fact that the Civil Court is the only forum which can decide the issue of right, title and interest of the parties in the immovable property and also whether, the deeds and documents purporting to create rights in their favour, are genuine or not. The proceedings under the Maharashtra Land Revenue Code cannot influence the Civil Court as apprehended. 5 In these circumstances, the Writ Petition is devoid of any merit and hence, dismissed. No costs. (S.C. Dharmadhikari, J)