judgment passed by civil court is binding on revenue authorities while carrying out mutation entries

 In my view, the Law in relation to mutation entries, pursuant
to civil court proceedings, is no longer resintergra.
This Court, in the
matter of Shrikant R. Sankanwar and Ors. vs Krishna Balu
Naukudkar, 2003 (3) Bom.CR 45 has laid down the Law that when it
comes to carrying out mutation entries, the best piece of evidence
has to be considered in cases where there is no verdict of the Civil
Court. In cases where the Civil Court had an occasion to deal with

the
claims of the parties in relation to their right, title and interest
over immovable properties, it was held that the verdict of the Civil
Court would bind the revenue authorities and mutation entries,
which are meant for fiscal purposes, should be carried out in tune
with the verdict of the Civil Court. It was also concluded that the
verdict of the Civil Court would bind the revenue authorities in
matters of carrying out mutation entries and not viceversa.

THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.792 OF 2019

Gangabai Ramrao Patil,  Vs   The State of Maharashtra,

( CORAM : Ravindra V.Ghuge, J.)
DATE : 07/06/2019
Key words
#judgement
#civilcourt
#revenueauthorities

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