Digambar Singh (Dead) Thr. Lrs. ... vs Smt. Hirabai (Dead) Thr. Lrs. Shri ...
2023 Latest Caselaw 456 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         MP No. 1345 of 2021
                            (DIGAMBAR SINGH (DEAD) THR. LRS. RAMSAKHI AND OTHERS Vs SMT. HIRABAI (DEAD) THR. LRS.
                                                     SHRI SHANKAR SINGH AND OTHERS)

                           Dated : 09-01-2023
                                 Shri T.S. Ruprah - Senior Advocate with Shri Abhinav Tiwari -

                           Advocate for the appellants.

                                 It is submitted by the counsel for the petitioners that by judgment and
                           decree dated 15.02.2002 passed by Second Civil Judge, Class-I, Satna in Civil
                           Suit No.182A/2000, the rights of the parties were declared. The said judgment

                           and decree was put to challenge in Civil Appeal No.18-A/2002 which was
                           partially allowed by judgment and decree dated 28.10.2002 passed by Third
                           Additional District     Judge,    Satna. Thereafter, the respondents filed an

application for mutation of name on the basis of the decree passed by the trial Court. An objection was raised pointing out the modification of judgment and decree passed by trial Court and the judgment and decree passed by the appellate Court was also placed before the Tehsildar and accordingly, the application was rejected. Instead of filing an appeal, a complaint was made to the Collector, who directed the SDO to look into the matter. The SDO granted

permission to review with the direction to decide the application afresh after taking the opinion of the Government Advocate. The said order of the SDO was challenged before the Additional Collector, Satna as well as the Board of Revenue but both the proceedings have been dismissed. It is submitted that once the judgment and decree passed by the trial Court was modified by the appellate Court, then the mutation is to be done on the basis of the judgment and decree passed by the appellate Court.

Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-01-2023 10:00:31

Issue notice to the respondents on payment of process fee by registered as well as ordinary mode. PF be paid within three working days.

As an interim measure, it is directed that the further proceedings before the Tehsildar, Rampur Baghelan, District Satna shall remain stayed, till next date of listing.

List this case on 13 th February, 2023 for confirmation of stay. If possible, the matter shall be heard finally.

(G.S. AHLUWALIA) JUDGE

vc

Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-01-2023 10:00:31