HARISHCHANDRA M UPADHYAY Vs. CHANDULAL NATHALAL UPADHYAY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Admittedly, the Regular Civil Suit No. 209 of 1986 tiled by respondent No. 2 against the petitioner regarding the dispute of right, title and interest in the suit lands, is pending before the Civil Judge (J.D.), Karjan. In the said suit, the respondent No. 2 filed an application for grant of interim relief regarding his possession which has been granted. The petitioner being aggrieved of that order preferred Misc. Civil Appeal No. 72 of 1987 before the District Judge, Baroda, which, at the time of filing this Special Civil Application was pending, but now it has been stated that the same has been dismissed.

(3.) In this Special Civil Application, dispute has been raised by the petitioner regarding the correction of revenue entries in the records in respect of land in dispute. The proceedings of correction of entries in the revenue record are fiscal proceedings in which right, title or interest of respective parties are not being decided. These entries are only made for the purpose of revenue collection. Even if some entries have been made in favour of respondents No. 1 and 2 against which the petitioner may have some grievance, such entries are of no consequence so far as the respective right, title or interest of the parties in the suit lands are concerned. These entries are always subject to final decision given in the matter by the Civil Court and that matter, as stated earlier, is pending. In view of this fact, it cannot be said that by the impugned order made in the proceedirtgs of correction of entries, any prejudice will be caused to the petitioner or otherwise it may have any effect on the alleged right, title or interest of the petitioner in the land in dispute.