1 W.P.No.6899/10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6899 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.J.R.Shah, advocate for the petitioner. Mr.S.R.Barlinge, advocate holding for Mr.N.N.Desale, advocate for Respondent No.7. Mr.K.B.Choudhari, Addl.Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA,J. Date : 13.12.2011. PER COURT : 1. Heard. 2. Learned counsel submits that the findings arrived at by the authorities is against the record. The record has not been considered in its proper perspective. It is undisputed that the petitioner was owner of Gat No.29 and Respondent No.7 claims to have purchased some portion of the land from the petitioner from Gat No.29. According to the petitioner, the land purchased by Respondent No.7 is numbered as 29/2 and Gat No.29/1/1 continues to be in possession of the petitioner. The dispute has not been properly considered by the authorities. 2 W.P.No.6899/10 3. Mr.Barlinge, learned counsel supports the order. 4. The proceedings are arising out of mutation entries. It is not disputed by the parties that Civil suit bearing RCS No.65/2007, for cancellation of the sale deed is pending. It is in respect of the same subject matter as is involved in the present Writ Petition. 5. It is a trite that the findings of Civil Court are binding on the revenue authorities and not vice versa. 6. In view of the fact that the Civil suit is pending, I am not inclined to entertain the Writ Petition. The judgments passed by the revenue authorities would always be subject to decision in Civil suit. 7. In view of the above, the Writ Petition is disposed of with clarification that the findings given by the Civil Court would be binding on the revenue authorities and would govern the subject dispute and the finding of the revenue authorities are not binding on the Civil Court. 8. The Writ Petition is accordingly disposed of. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.13.12.2011. asp/office/wp9613.11 3 W.P.No.6899/10