wp5151-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5151 OF 2011 Shabbir Tayab Bhai Mamajiwala & Ors. .. Petitioners Versus Taluka Inspector of Land Records, Nandgaon and Ors. .. Respondents Mr.Tushar Sonawane for petitioners Mr.R.M.Patne, AGP for Respondent Nos. 1 to 3. CORAM : S.C.DHARMADHIKARI, J. DATE : 5th August 2011. P.C.: 1] The petitioner is claiming to have acquired certain rights and title in an immovable property by virtue of sale deed dated 10th August 2005. Petitioner made an application to record his name in the record of rights by virtue of this sale deed. This application was rejected by holding that the properties are of the Trust and that a litigation is pending in relation thereto. The petitioner preferred an appeal so also further appeals under the Land Revenue Code, each of which have been dismissed. It is not disputed that a civil suit is wp5151-11.doc 2 pending, being Civil Suit No.82 of 2006, before the competent civil court at Malegaon. The sale deed in favour of the petitioner is under challenge therein. Needless, therefore, to state that the authorities under the Land Revenue Code will have to abide by the judgement of the competent civil court. Therefore, there is no basis for an apprehension that the petitioner's rights in the property are adversely affected on account of observations in the impugned orders. It is open for the petitioner to appear before the civil court and lead oral and documentary evidence in support of their contentions that the sale deed is valid. All contentions and pleas in that behalf of both sides remain unaffected by the impugned orders. With this clarification, petition is disposed of. No costs. (S.C.DHARMADHIKARI, J)