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SCA/1809/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1809 of 2009
=========================================================
LEGAL
HEIR OF PASHABHAI MUDABHAI BABHI MANIBEN PASHABHAI & 1 -
Petitioner(s)
Versus
NATHABHAI
VAJABHAI BABHI & 9 - Respondent(s)
=========================================================
Appearance :
MR
JV JAPEE for
Petitioner(s) : 1 - 2.
MRHARSHADKPATEL for Respondent(s) : 1 -
4.
NOTICE SERVED BY DS for Respondent(s) : 5 - 10.
MS. TRUSHA
PATEL, AGP for Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/07/2010
ORAL
ORDER
It
is not in dispute that the controversy in the present petition is
with respect to mutation entry in the revenue record. The petitioners
are claiming the right, title or interest in the land in question on
the basis of so called adoption deed, on the basis of which the names
of the petitioners were initially mutated in the revenue record,
which came to be set aside. It cannot be disputed that mutation entry
by itself does not confer any right, title or interest and it is only
for fiscal purpose of collecting revenue etc. If there is any dispute
between the parties with respect to right, title or interest in the
land in question, aggrieved party is required to approaching the
Civil Court for establishing his / their rights and on the basis of
the decision that may be delivered by the Civil Court, necessary
mutation entry may be made. In view of the above, Shri Japee, learned
advocate for the petitioners does not invite any further reasoned
order and has requested to dispose of present Special Civil
Application with suitable observations.
2. Under
the circumstances, present Special Civil Application is disposed of /
dismissed by observing that the mutation entry does not confer any
right, title or interest and as private respondents are disputing the
so called adoption deed as well as relinquishment deed and the
petitioner are asserting their right on the basis of such so called
adoption deed and relinquishment deed, if any, such parties have to
approach the Civil Court for establishing their rights and necessary
mutation entry can be made on the basis of the decision that may be
delivered by the Civil Court. It goes without saying that Civil Court
is bound to consider the case in accordance with law and on merits
and on the basis of evidence led. With this, present Special Civil
Application is dismissed / disposed of. Notice discharged.
(M.R.SHAH,J.)
kaushik
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