IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6807 OF 2026 Harishchandra Laxman Muthal & Ors. .... Petitioners Vs. Nandkishor Khanderao Khatale .... Respondents & Ors. Mr. Kishor Patil a/w Mr. Pratik Rahade, Anish Kikle and Akshada Nagrale i/b Pratik Rahade for Petitioners. Mr. Rameshwar Gite for Respondents nos. 1 to 4. Smt. Ashwini Purav, AGP for Respondent nos. 9 to 13-State CORAM : ARUN R. PEDNEKER, J. DATE : 2nd September 2026 P.C. : 1. Heard learned Counsel for the parties. 2. The Respondents have raised an objection to the Mutation Entry on the ground that they claim to have certain rights in respect of the water from the well and pond. The farm pond is partly situated on the land belonging to the Petitioners, which the Petitioners have purchased from their predecessor- in-title. 3. The learned counsel appearing for Respondent Nos. 1 to 4 submits that the Respondents have a right over the water in the farm pond, as well as over one well and three borewells, along with an approach road leading to 1/3 39 WP 6807.26.doc Dusane BHALCHANDRA GOPAL DUSANE Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2026.09.05 12:58:30 +0530 the said borewells and well, all of which are situated in the land purchased by the Petitioners. He further submits that a Civil Suit has also been instituted seeking reliefs in respect of the aforesaid rights. 4. It is well settled in law that all mutation entries are subject to the determination of civil rights by the Civil Court. Accordingly, in the event that Respondent Nos. 1 to 4 succeed before the Civil Court, they shall be entitled to apply for recording their names in the mutation records in respect of their rights over the borewells, well, and pond. 5. The present Writ Petition concern only with the mutation entries. The original vendors have appeared before this Court and have already submitted that they have no objection to recording the names of the Petitioners in the mutation entries and accordingly this Court has directed to record the names of the Petitioners in the mutation entry. Considering the same, the Petition is disposed of with a direction that, in the event Respondent Nos. 1 to 4 succeed in the Civil Suit, they would be entitled to rectify the mutation entries to the extent of rights available to them. 6. The Respondents are at liberty to seek remedies before the Civil Court. 7. This Court has not expressed any opinion on the merits of the proceedings before the Civil Court, and the Civil Court shall decide the 2/3 39 WP 6807.26.doc Dusane matter in accordance with law. 8. In view of the order passed today, the Petitioners seek leave to withdraw all their pending Appeals before the authorities. 9. Writ Petitions stand disposed of with above observations. [ ARUN R. PEDNEKER, J. ] 3/3 39 WP 6807.26.doc Dusane