-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5526 OF 2010 Mahapati D. Gaikwad and Anr. ..Petitioners. Versus Bhagwan G. Gaikwad. ..Respondent Mr. P. D. Dalvi for the petitioners. Mr. S. D. Rayrikar, AGP for the State. Coram : R. V. MORE, J. Date : August 24, 2010. P. C. : 1. Leave to amend cause title of the petition is granted. Amendment be carried out forthwith. 2. Petition arises out of RTS proceedings. The respondents’ application for recording his name in cultivation column of 7/12 extract was though rejected by the Tehsildar and SDO, same was allowed by the Additional Collector in Second Appeal No. 106 of 2007. This order is confirmed by the Additional Commissioner in Revision Petition No. 380 of 2008 and therefore the present petition. 3. One Dhondi, the common ancestor of petitioner and respondent was the original cultivator of the land in dispute. Respondent has filed civil suit for partition and separate possession on the basis that he and srp -: 2 :- the petitioners have 1/3rd share each in the suit property. Even assuming that the petitioners are in possession of the suit land, their possession is deemed to be for themselves and on behalf of the respondent. The Additional Commissioner, in my opinion, has rightly allowed the second appeal of the respondent. Ultimately the rights of the parties will be decided by the Civil Court in a suit which is filed for partition. In the above facts and circumstances, I am not inclined to entertain the writ petition in extra-ordinary writ jurisdiction of this Court under Article 227 of the Constitution of India. Petition is therefore dismissed. 4. Needless to mention that the Civil Court shall decide the respondent’s suit for partition and separate possession independently on its own merits without being influenced by the observations made in the impugned order and/or in this order. (R.V. MORE, J.)