Rameshwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 5632 MP

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           IN THE HIGH COURT OF MADHYA PRADESH
                        AT JABALPUR
                                 BEFORE
                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                        ON THE 19th OF APRIL, 2022

                    MISC. PETITION No. 4582 of 2021

       Between:-
1.     RAMESHWAR S/O TILOKCHAND , AGED ABOUT 55
       YEARS, VILLAGE BAJARIYA PARDESHI TELIPURA,
       NEAR BAJPAI MANDIR SANTRA MARKET ROAD,
       BAJARIYA NAGPUR (MAHARASHTRA)

2.     NILESHWAR S/O TILOKCHAND SAHU , AGED
       ABOUT 60 YEARS, VILLAGE BAJARIYA PARDESHI
       TELIPURA, NEAR BAJPAI MANDIR SANTRA
       MARKET      ROAD,     BAJARIYA     NAGPUR
       (MAHARASHTRA)

3.     SUNDERLAL S/O TILOKCHAND SAHU , AGED
       ABOUT 50 YEARS, VILLAGE BAJARIYA PARDESHI
       TELIPURA, NEAR BAJPAI MANDIR SANTRA
       MARKET      ROAD,     BAJARIYA     NAGPUR
       (MAHARASHTRA)

4.     SMT. KUSUM W/O CHANDRAKANT KARIYA , AGED
       ABOUT 50 YEARS, VILLAGE LATH KARANJA NEAR
       BADA MANDIR VASHIM TAH. (MAHARASHTRA)

5.     CHUNNILAL S/O TILOKCHAND UMRETHE , AGED
       ABOUT 81 YEARS, BAJERIYA CHOWK NAGPUR
       NEAR SHIV MANDIR KUNDEKRI KA BABA DATT
       NIWAS NAGPUR (MAHARASHTRA)

                                                            .....PETITIONER
       (BY SHRI UMASHANKAR JAYASWAL, ADVOCATE)

       AND

1.     THE STATE OF MADHYA PRADESH THROUGH
       ADDL.COMMISSIONER    JABALPUR   DIVISION,
       DISTT-JABALPUR MP (MADHYA PRADESH)

2.     SUB DIVISIONAL OFFICER REVENUE SAUSAR
       DISTT. CHHINDWARA (MADHYA PRADESH)

3.     TEHSILDAR     TEH.      MOHKHED DISTT.
       CHHINDWARA (MADHYA PRADESH)

4.     SMT. MEERA BAI W/O LATE GULAB RAO KAVDE ,
       AGED ABOUT 65 YEARS, BAJARIYA CHOWK NEAR
       SAI SRADDHA SWEETS IN THE HOUSE OF
       RAMESH YADAV NAGPUR POST NAGPUR
       (MAHARASHTRA)

                                                         .....RESPONDENTS
       (BY MS. SAKSHI PAWAR, ADVOCATE FOR RESPONDENT NO.4)

     This petition has come up for hearing on this day, the court passed the
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following:
                                                        ORDER

Petitioners have filed this petition challenging order of mutation and order passed in appeal by appellate authority.

Learned counsel appearing for petitioners submitted that in Second Appeal

No.547/2014 vide order dated 02.07.2014 judgment and decree dated 18.03.2013

passed by IIIrd Civil Judge Class-I, Chindwara (MP) was stayed till the next date of hearing by the High Court. During pendency of this appeal respondent No.4 had filed an application for mutation of her name. Despite being informed about stay order passed by High Court, Revenue Officer proceeded and passed order of mutation. It is further submitted that by Judgment and decree passed by Civil Court share of respondents was determined. Said decree has been stayed, therefore, Tehsildar could not have entertained application for mutation. Commissioner in its order dated 28.09.2021 had passed order that final order passed in appeal will be binding on the parties but has not set aside the order passed by Tehsildar and SDO.

In view of aforesaid, order passed by Commissioner dated 28.09.2021 is modified to the extent that order passed in second appeal will finally govern both the parties and order of mutation dated 25.05.2019 is set aside.

Miscellaneous petition is allowed and disposed off.

(VISHAL DHAGAT) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2022.04.20 13:29:20 +05'30'