Kirat Das vs Chandabai
2023 Latest Caselaw 5622 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       MP No. 1759 of 2023
                                                  (KIRAT DAS Vs CHANDABAI AND OTHERS)

                          Dated : 06-04-2023
                                Shri Uday Raj Mishra - Advocate for the petitioner.


                                The petitioner has filed this petition under Article 227 of Constitution of
                          India challenging the order dated 09.02.2023 passed by the Additional
                          Commissioner, Jabalpur Division, Jabalpur.
                                Learned counsel appearing for the petitioner submitted that petitioner was

                          no issued notice of mutation proceedings by Tahsildar and mutation order was
                          passed in favour of the respondents. It is submitted that mutation order was

passed on basis of judgment and decree dated 06.04.2007. It is submitted that second appeal has been preferred against said judgement and decree and High Court vide its order dated 17.06.2009 passed in Second Appeal No.759 of 2007 has stayed the order passed by First Appellate Court. It is submitted that in these circumstances, Additional Commissioner committed an error in passing the impugned order.

Issue notice to the respondents on payment of process fee within seven

working days by ordinary mode as well as registered A/D mode.

In the meantime, the effect and operation of the impugned order dated 09.02.2023 passed in Case No.005/Appeal/18-19 by the Additional Commissioner, Jabalpur Division, Jabalpur shall remain stayed till the next date of hearing.

Petitioner has also filed I.A. No.3873/2023, an application under Section 151 of CPC for making a prayer that private respondents may also be directed not to alienate the property in question. Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/6/2023 5:14:33 PM

Parties are directed to maintain status-quo so far as creation of any third party interest is concerned, till the next date of hearing.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE

@shish

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/6/2023 5:14:33 PM