:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.4024 OF 2005 PETITION NO.4024 OF 2005 PETITION NO.4024 OF 2005 Shankar M. Tapkir & Ors. ...Petitioners. Versus Krishna N. Tapkir & Ors. ...Respondents. Shri S.N.Chandrachood for the Petitioners. Shri D.Mishra for the Respondents. CORAM CORAM CORAM : S.C.DHARMADHIKARI,J. : S.C.DHARMADHIKARI,J. : S.C.DHARMADHIKARI,J. DATE DATE DATE : 3rd FEBRUARY, 2006. : 3rd FEBRUARY, 2006. : 3rd FEBRUARY, 2006. P.C. P.C. P.C. : : : 1. Heard Shri Chandrachood - learned Counsel appearing for the petitioners and Shri Mishra - learned Counsel appearing for the respondents. 2. With their assistance, I have perused the orders passed by the Authorities exercising the powers under the Maharashtra Land Revenue Code while effecting entries in the record of rights. 3. In my view, merely because the Authorities observed that the names of all legal heirs should be entered in the record of rights that does not prevent the petitioners from approaching the Civil Court claiming the declaration that the property is not a joint family property, but, exclusively belongs to them. Mere insertion of certain names in the record of :2: rights does not in any manner affect any such declaration, nor does the same take away the powers of Civil Court to adjudicate upon such Issues. All such orders with regard to mutation entries do not decide right, title and interest of parties in the immovable property. It will be open for both sides to place their versions before the Civil Court; and the orders under challenge would not constitute an impediment in either placing versions or for Civil Court to issue appropriate orders. 4. At the request of Shri Chandrachood, ad-interim order to continue for a period of eight weeks from today to enable the petitioners to approach the Civil Court. Needless to state that after eight weeks, if no such proceedings are initiated, the order would automatically stand vacated, without reference to this Court. If the proceedings are initiated, it would be for the Civil Court to pass appropriate orders, after hearing both sides and on its own merits. 5. Parties to act upon an authenticated copy of this order. ( S.C.DHARMADHIKARI,J.) S.C.DHARMADHIKARI,J.) S.C.DHARMADHIKARI,J.)