Ajeet Singh vs Sikha Singh
2023 Latest Caselaw 1014 MP

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                 ON THE 17 th OF JANUARY, 2023
                MISC. PETITION No. 2894 of 2020

BETWEEN:-
1.    AJEET SINGH S/O LATE SHRI RAMKRIPAL SINGH,
      AGED     ABOUT     51   YEARS, OCCUPATION:
      AGRICULTURIST R/O VILLAGE DADAHWA,
      TEHSIL GOPAD BANAS DISTT. SIDHI (MADHYA
      PRADESH)

2.    OM   PRAKASH   SINGH  S/O  LATE    SHRI
      RAMKRAPAL SINGH, AGED ABOUT 47 YEARS,
      OCCUPATION: AGRICULTURIST R/O VILLAGE
      DADAHWA, TEH. GOPAD BANAS, DISTT. SIDHI
      (MADHYA PRADESH)

3.    SATYA PRAKASH SINGH S/O LATE SHRI
      RAMKRIPAL SINGH, AGED ABOUT 43 YEARS,
      OCCUPATION: AGRICULTURIST R/O VILLAGE
      DADAHWA, TEH. GOPAD BANAS, DISTT. SIDHI
      (MADHYA PRADESH)

4.    MUS. CHANDRAKALI SINGH W/O LATE SHRI
      RAMKRIPAL SINGH, AGED ABOUT 82 YEARS,
      OCCUPATION: AGRICULTURIST R/O VILLAGE
      DADAHWA, TEH. GOPAD BANAS, DISTT. SIDHI,
      M.P. (MADHYA PRADESH)

                                                   .....PETITIONER
(BY SHRI BRAHMENDRA PRASAD PATHAK- ADVOCATE )

AND
1.    SIKHA SINGH W/O LATE SHRI BHUPENDRA
      SINGH, AGED ABOUT 35 YEARS R/O VILLAGE
      NORTH KARONDIYA TEHSIL GOPAD BANAS
      DISTT. SIDHI (MADHYA PRADESH)

2.    KU. MAHIMA SINGH (MINOR) D/O LATE SHRI
      BHUPENDA SINGH, AGED ABOUT 17 YEARS,
      OCCUPATION: MOTHER SIKHA SINGH R/O
      VILLAGE NORTH KARONDIYA, TEH. GOPAD
      BANAS, DISTT. SIDHI (MADHYA PRADESH)
                                   2

3.    KU. SUCHI SINGH (MINOR) D/O LATE SHRI
      BHUPENDRA SINGH, AGED ABOUT 14 YEARS,
      OCCUPATION:      MOTHER SIKHA SINGH R/O
      VILLAGE NORTH KARONDIYA, TEH. GOPAD
      BANAS, DISTT. SIDHI (MADHYA PRADESH)

4.    AYUSH SINGH (MINOR) S/O LATE SHRI
      BHUPENDRA SINGH, AGED ABOUT 14 YEARS,
      OCCUPATION: MOTHER SIKHA SINGH VILLAGE
      NORTH KARONDIYA, TEH. GOPAD BANAS, DISTT.
      SIDHI (MADHYA PRADESH)

5.    BITTE SINGH (MINOR) S/O LATE SHRI
      BHUPENDRA SINGH, AGED ABOUT 8 YEARS,
      OCCUPATION: MOTHER SIKHA SINGH VILLAGE
      NORTH KARONDIYA, TEH. GOPAD BANAS, DISTT.
      SIDHI (MADHYA PRADESH)

                                                            .....RESPONDENTS
(BY SHRI RAJENDRA KUMAR SINGH - ADVOCATE )

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

This Miscellaneous Petition under Article 227 of the Constitution of India has been filed against the order dated 21.01.2020 passed by the Additional Commissioner Rewa, Divison Rewa (M.P.) in case No.486/Revision/2001-02 by which the names of respondents have been directed to be mutated on the basis of a decree passed by the Civil Court.

It is submitted by the counsel for the petitioners that a Civil Appeal against the judgment and decree dated 19.05.2017 passed by the Civil Court in Civil Suit No.39-A/2007 was pending and during the pendency of this petition, the said Civil Appeal has been allowed and the matter has been remanded back to the Civil Court. Thus, it is submitted that the very basis for mutation of names of the respondents is no more in existence.

In reply, the counsel for the respondents also accepted the fact that the

judgment and decree dated 19.05.2017 passed in Civil Suit No.39-A/2007 has been set aside in Regular Civil Appeal No.75-A/2019 decided on 21.12.2022 by First Additional District Judge, Sidhi.

Considered the submissions made by the counsel for the parties. It appears that a civil litigation is pending before the Civil Court. The judgment of the Civil Court on the basis of which the names of the respondents were directed to be mutated has already been set aside and the matter has been remanded back to the Civil Court for fresh adjudication in the light of the directions contained in the order passed by the First Appellate Court.

Under these circumstances by maintaining the order passed by the Additional Commissioner, Rewa, Divison Rewa, this petition is disposed of with the following observations:

1. The successful party in the civil Court shall be free to move an application for correction in the revenue records on the basis of the judgment, which would be passed in the civil suit.

2. Mutation entry shall not be considered either for determining the question of possession or title.

3. In the meanwhile, all the contesting parties are directed to maintain the status quo and not to create any third party right in the property.

(G.S. AHLUWALIA) JUDGE Shanu

Digitally signed by SHANU RAIKWAR Date: 2023.01.18 18:10:25 +05'30'