1 wp3273.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3273 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mrs. Anjali Dube(Bajpai), Advocate for the petitioners. Mrs. V.A. Shinde, A.G.P. for respondent nos. 1 to 7. Mr. C.G. Patil with Mr. S.K. Chaukidar, Advocate for respondent nos. 8 to 3. Mr. V.C. Patil, Advocate for respondent no.14. CORAM : B.P. DHARMADHIKARI, J. DATE : 28th APRIL, 2011 Heard Advocates Mrs. Bajpai for petitioners, Mr. C.G. Patil with Mr. S.K. Chaukidar for respondent nos. 8 to 13 and learned A.G.P. for respondent nos. 1 to 7 and Mr. V.C. Patil for respondent no.14. 2. Advocate Mr. Chaukidar has tendered reply affidavit. Advocate Mrs. Bajpai also invites attention to some documents. 3. Admittedly, there is some civil adjudication and the appeal in relation to mutation entries is still pending 2 wp3273.11 before the respondent no.2. That respondent has refused to grant stay in relation to land survey no. 40/1 area 0.58 R of Mauja Ambad which form subject matter of order dated 04.10.2010 of the respondent no.4-Deputy Superintendent. 4. Contention of the petitioners is ignoring civil litigation and adjudication therein, the respondents are attempting to sell the lands. Advocate Mr. Chaukidar points out that adjudication in Civil Suit is only in relation to 0.39 R. Advocate Mr. Patil states that in appeal before the respondent no.2 one Ashok Balaji Aher is respondent no.3 and said Ashok is not party before this Court. Only his wife Sushilabai is added as party and said Sushilabai is respondent no.4 in that appeal. 5. It is apparent that only on the strength of mutation entries, parties can not execute any sale deeds and if there are any restraining orders passed by Civil Court, same need to be obeyed. In this Writ Petition, violation and breaches of those orders can not be gone into. Petitioners can take appropriate steps in relation to the same. 6. However, in the present facts, I find interest of justice can be met with by directing the parties to appear before the respondent no.2 on 3rd May, 2011 and by directing the respondent no.2 to decide appeal pending 3 wp3273.11 before it as early as possible and in any case by 31st May, 2011. Till then, all parties shall maintain status-quo as on today in respect of said 0.58 R at Mauja Ambad. 7. With these directions, this Writ Petition is disposed of. No costs. 8. The parties to act upon the copy of this order duly authenticated by the Court Shirestedar. (B.P. DHARMADHIKARI) JUDGE gas/wp3273.11