Jamuna Prasad (Dead) Through Lrs ... vs Suresh Kumar
2023 Latest Caselaw 13417 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 17 th OF AUGUST, 2023
                                              WRIT PETITION No. 10748 of 2017

                           BETWEEN:-
                           1.    JAMUNA PRASAD (DEAD) THROUGH LRS SMT.
                                 AJJUDI BAI PATIDAR W/O SHRI JAMUNA PRASAD,
                                 AGED     ABOUT     60   YEARS, OCCUPATION:
                                 HOUSEWIFE R/O JAUKHEDI (MISROD) TEHSIL
                                 HUZUR DISTRICT BHOPAL (MADHYA PRADESH)

                           2.    SMT. PUSHPA PATIDAR W/O SHRI RAMSWAROOP
                                 PATIDAR, AGED ABOUT 37 YEARS, OCCUPATION:
                                 HOUSEWIFE R/O VILLAGE JHARKHEDA TEHSIL
                                 SHYAMPUR     DISTRICT   SEHORE   (MADHYA
                                 PRADESH)

                                                                                          .....PETITIONERS
                           (BY SHRI ASHISH GIRI - ADVOCATE )

                           AND
                           1.    SURESH KUMAR S/O SHRI PRABHUDAYAL
                                 CHOUHAN TAMOT TEH. GAUHARGANJ DISTT.
                                 RAISEN (MADHYA PRADESH)

                           2.    MOHAN PATIDAR S/O SHRI JAMUNA PRASAD
                                 PATI D AR JAUKHEDI (MISROD) TEH. HUZUR
                                 DISTT. BHOPAL (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI RAJESH KUMAR RAGHUVANSHI - ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

The fact of the matter is that mutation was carried out by the Tehsildar Gauharganj, District Raisen in favor of the petitioner in relation to the property

Signature Not Verified in question. In the appeal before the Commissioner, Bhopal division Bhopal that Signed by: AMITABH RANJAN Signing time: 18-08-2023 10:13:17

mutation was set-aside. That order of Commissioner is maintained by the Board of Revenue.

Learned counsel for the petitioner fairly submits that Civil Suit No. 8-A of 2023 pending before the Civil Judge Class-I, Gauharganj District Raisen and the same is fixed for judgment for tomorrow. Petitioner has sought declaration that the sale deed which was obtained by him on the basis of a power of attorney is a valid document.

Thus, it is evident that the rights and liabilities of the parties are to be decided in terms of the declaration to be issued by the Civil Court.

Thus, this petition can be disposed of with an observation that the right

of the petitioner to get mutation over the suit property will be subject to the out come of the Civil Proceedings. If Civil Court decide in favour of the petitioner, then orders of the Commissioner and Board of Revenue will not come in the way of the petitioner.

Accordingly, this petition is disposed of.

(VIVEK AGARWAL) JUDGE Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 18-08-2023 10:13:17