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2023 DAILYLAW 2455 (BOM)

PRAKASH HIRALAL NAHAR v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

WP/3191/2023 · 2026-03-04

Shri Siddheshwar Sundarrao Thombre

body2023

Judgment text

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88 WP No.3191.2023 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3191 OF 2023 PRAKASH HIRALAL NAHAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Advocate for the Petitioner : Mr. Sharad Solanke h/f Mr. M. P. Kale AGP for Respondents-State : Mr. D. R. Korde Advocate for Respondent No. 6 : Mr. Ajit B. Kale ... CORAM : SIDDHESHWAR S. THOMBRE, J. Date : 4th March, 2026 PER COURT :- 1. The learned Counsel for the Petitioner submits that a civil suit is pending between the parties and it is the exclusive jurisdiction of the Civil Court to determine their respective rights. It is well-settled law that mutation entries are maintained solely for fiscal purposes and do not confer title; therefore, the substantive rights of the parties must be adjudicated by the Civil Court. 2. In view of the above, the concerned Trial Court is directed to decide Regular Civil Suit No. 82 of 2016 on its merits within one year from the date of this order. 2026:BHC-AUG:9117 88 WP No.3191.2023 -2- 3. The Writ Petition is disposed of accordingly with the aforementioned directions. 4. The interim order passed by this Court shall continue to remain in force until the final disposal of the suit by the Trial Court. (SIDDHESHWAR S. THOMBRE, J.) Omkar Joshi