IMPORTANT POINT
The entry in the revenue record should be subject to the final outcome of civil proceedings, and the revenue authorities are not justified in not certifying the entry in the absence of a challenge to the validity of the registered Will.

JUDGMENT :

1. By way of this petition, the petitioner has prayed for the following reliefs;

“(17) ...

(A) YOUR LORDSHIPS may be pleased to issue a writ of Mandamus certiorari or a writ in the nature of Mandamus/Certiorari and/or any other appropriate writ, order or directions quashing and setting aside the impugned (i) order dated 12.1.2022 passed by the learned Special Secretary, Revenue Department (Appeals) in Revision Application No. MVV/HKP/VDD/188 of 2019 (Annexure L to the present petition) (ii) the order dated 16.9.2019 passed by the Collector, Vadodara in Revision Application No. 177 of 2018 (Annexure H to the present petition) (iii) order dated 23.4.2018 passed by the Deputy Collector in RTS Appeal Nos. 363 and 364 of 2016 (Annexure G to the present petition) as well as (iv) the order dated 20.5.2016 passed by the Mamlatdar in RTS Case No.3 of 2016 (Annexure E to the present petition) as well as order dated 20.5.2016 passed by the Mamlatdar in RTS Case No. 17 of 2016 (Annexure F to the present petition) and YOUR LORDSHIPS may be pleased to direct the respondent authorities to set aside Entry No. 6435 and to certify Entry No. 6433 in the interest of justice;

(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of the impugned (i) order dated 12.1.2022 passed by the learned Special Secretary, Revenue Department (Appeals) in Revision Application No. MVV/HKP/VDD/188 of 2019 (Annexure L to the present petition) (ii) the order dated 16.9.2019 passed by the Collector, Vadodara in Revision Application No. 177 of 2018 (Annexure H to the present petition) (iii) order dated 23.4.2018 passed by the Deputy Collector in RTS Appeal Nos. 363 and 364 of 2016 (Annexure G to the present petition) as well as (iv) the order dated 20.5.2016 passed by the Mamlatdar in RTS Case No.3 of 2016 (Annexure E to the present petition) as well as order dated 20.5.2016 passed by the Mamlatdar in RTS Case No. 17 of 2016 (Annexure F to the present petition) and YOUR LORDSHIPS may be pleased to direct the respondents to maintain status quo with regard to the revenue record of the land in question, i.e. land bearing Revenue Survey/Block Nos. 1009 (New No. 1180), 1028 (New Nos. 1213), 1029/1/A (New No. 1215), 1030 (New No. 1218), 1032/2/B (New No. 1222), 1080 (New No. 1302), 1082 (New No. 1304) 1097/1 (New No. 1321), 1098/2 (New No. 1324 and 1105 (New No. 1345 situated at village Jarod, Tal. Waghodiya, Dist. Vadodara in the interest of justice;

(C) ... ”

2. Upon issuance of notice by this Court on 05.04.2022, learned Advocate, Ms. Suthar, had appeared for and on behalf of Respondent No.6, herein and thereafter, this Court passed following order on 01.02.2023;

“Learned advocate Ms. Suthar appearing for the respondent no.6 requests for some time in order to file affidavit-in-reply, which shall be filed on or before the next date of hearing.

The matter is kept on 16.03.2023. ”

3. Thereafter, on 18.10.2023, following order was passed;

“Learned advocate Mr. S.P. Majmudar for the petitioner submitted that by way of these revenue proceedings, his entry pursuant to the registered Will is in question. Learned advocate further pointed out that challenging his Will, the suit was filed by the respondent. The plaint of the suit was returned under Order 7 Rule 10 of the CPC and thereafter, to his information, no further course has been adopted by the private respondent herein. However, learned advocate Ms. Mayurika Suthar for the respondent No.6 is not present. In the interest of justice, re- list this matter on 20.10.2023.

To be listed on top of the Board. ”

4. The order passed by this Court on 03.11.2023, reads thus;

“It transpires from the record that repeatedly, learned advocate Ms.Mayurika Suthar for the contesting respondent No.6 is not remaining present before this Court.

On last occasion i.e. on 18.10.2023, the matter was adjourned because of her want of presence. Today also, wh