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2025 DAILYLAW 77861 (BOM)

SMT. JONA DOMNIC PIREL v. SHRI. ANTHONE THOMAS PIREL AND ORS.

WP/1083/2015 · 2025-12-04

Shri Amit Borkar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22-WP1083-2015 Final.doc MPB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1083 OF 2015 Smt. Jona Domnic Pirel … Petitioner V/s. Shri. Anthone Thomas Pirel (Since Dece. Thr. Lrs.) and Ors. … Respondents Mr. Anthony Joseph Almeida for the petitioner. CORAM : AMIT BORKAR, J. DATED : DECEMBER 4, 2025 P.C.: 1. The writ petition arises from proceedings under Section 149 of the Maharashtra Land Revenue Code, 1966. The scope of such proceedings is narrow. The revenue authorities record mutation entries to update fiscal records. They do not adjudicate title. They do not determine proprietary rights. Courts have repeatedly held that a mutation entry does not create, extinguish, or transfer any right in immovable property. It only reflects an existing fact for revenue purposes. 2. The record shows that a civil suit is already pending between the parties where their substantive rights will be examined. The competent Civil Court will decide title after evaluating evidence. In such a situation, it is appropriate to clarify that the mutation entries that form the subject matter of this petition will abide by the decree that may be passed in the civil suit. This course 1 22-WP1083-2015 Final.doc preserves the jurisdiction of the Civil Court and avoids any conflict in findings. It also protects the parties against any inference that the revenue record decides their title. 3. In view of the limited nature of the controversy, no further adjudication is required in writ jurisdiction. The petition is disposed of in these terms. 4. The petitioner may move the Civil Court for expeditious disposal of the pending suit. The Civil Court will consider such a request on its own merits and in accordance with law. (AMIT BORKAR, J.) 2