Madhya Pradesh High Court
Naval Singh vs The State Of Madhya Pradesh on 29 June, 2021
Author: Anand Pathak
1 WP-1892-2021
The High Court Of Madhya Pradesh
WP-1892-2021
(NAVAL SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
6
Gwalior, Dated : 29-06-2021
Shri Prashant Sharma, learned counsel for the petitioner.
Shri Devendra Chaubey, learned Government Advocate for respondent
No.1/State.
Shri K.N.Gupta, learned Senior Counsel with Shri Rinku Shakya and
Sorabh Bhelsewale, counsel for respondent No.3.
Shri Mayank Sharma, learned counsel for LR's of respondent No.5.
Shri Kamal Jain, learned counsel for respondent No.7.
Heard through Video Conferencing.
With consent heard finally.
The instant petition is preferred by the petitioner against the order dated
04.06.2019 (Annexure P-1), passed by Tahsildar as well as order dated
04.01.2021 (Annexure P-2) passed by the Commissioner Gwalior Division,
Gwalior whereby the direction has been given to mutate the name of private
respondent No.3/Kashi Bai on the basis of judgment and decree dated
24.01.2021 passed in Civil Suit No.22-A/2014.
The Core question involved in the case in hand is that whether the
mutation passed by Tahsildar in favour of respondent No.3/Kashi Bai after
the judgement and decree of trial Court, was in consonance with law and legal
provisions or not ?
All the parties informed this court that against the judgement and decree
dated 24.01.2019 passed in COS No.22-A/2014, first appeal has been
preferred before the District Court, Gwalior vide Civil Regular Appeal
No.60/2019 pending before the court of 15th ADJ, Gwalior.
After arguing for a while, all counsel for the parties reached to a
consensus that looking to the peculiar fact situation, they are agreed upon the
terms that this petition may be disposed of while keeping the mutation intact
2 WP-1892-2021
in favour of respondent No.3 only for procedural/documentary purpose and
parties shall make all endeavors to advance arguments before the Appellate
Court, so that first appeal pending before the court of 15th ADJ, Gwalior
may be decided at the earliest. It is the apprehension of counsel for the
petitioner that if status quo in respect of mutation is maintained by the parties,
then that aspect may not prejudice the Appellate Court or any Civil Court for
that matter in any manner.
Counsel for the respondent No.3 fairly submits that respondent No.3
shall contest the appeal and further proceedings as per law on its own merit
and shall not take recourse to the mutated entries in her favour in revenue
record.
Considering the submissions this petition is disposed of in following
terms:-
1. Parties shall maintain status quo so far as mutation is concerned and
third party right or any alteration in whatsoever manner shall not be
undertaken by the litigating parties, till the appeal is pending consideration
before the court of 15th ADJ, Gwalior.
2. Parties shall make all endeavors to participate in the proceedings
before the court of 15th ADJ, Gwalior for early conclusion of hearing in
appeal.
3. Mutation entries caused in favour of respondent No.3 shall be
maintained, but it shall not give any leverage or any premium to the
respondent No.3 so far as civil litigation is concerned.
Appeal shall be heard and decided on its own merits on the basis of
pleadings, submissions and documents on record.
Order dated 04.06.2019 (Annexure P-1) passed by Tehsildaras well as
order dated 04.01.2021 (Annexure P-2) passed by the Commissioner Gwalior
Division, Gwalior stands modified to the extents indicated above.
Looking to the nature and long drown litigation, it is expected from the
First Appellate Court (15th ADJ, Gwalior) that Court shall take all possible
3 WP-1892-2021
steps to hear the appeal as early as preferably within three months from the
date of receipt of certified copy of the order passed today and if possible
through virtual hearing mode in which all parties and their counsel shall
cooperate.
Disposed of.
(ANAND PATHAK)
JUDGE
Ashish*
ASHISH
CHAURASIA
2021.06.30
10:45:18
+05'30'
