Smt. Kumudni Devi vs Vinay Singhal
2023 Latest Caselaw 11532 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 24 th OF JULY, 2023
                                            WRIT PETITION No. 13671 of 2008

                           BETWEEN:-
                           SMT. KUMUDNI DEVIW/O DR. VISHWANATH SINGH
                           SADAR   BAZAR,HOSHANGABAD,TEH.    &    DIS.
                           HOSHANGABAD (MADHYA PRADESH)

                                                                                     .....PETITIONER
                           (BY SHRI SANJAY AGRAWAL - SENIOR ADVOCATE ASSISTED BY SHRI
                           PRAFUL SHARMA - ADVOCATE)

                           AND
                           1.    VINAY     SINGHALS/O    LAXMINARAYAN
                                 22,HAWAMAHAL   ROAD,BHOPAL   (MADHYA
                                 PRADESH)

                           2.    SMT.    DR.SUNITA   SETHAW/O   LATE
                                 DR.RADHAMOHAN     SETHA NEAR  MARTHI
                                 SCHOOL BAJARIYA MOHALLA HOSHANGABAD
                                 (MADHYA PRADESH)

                           3.    DR.ATUL SETHAS/O LATE DR.RADHAMOHAN
                                 S E T H A NEAR MARTHI SCHOOL BAJARIYA
                                 MOHALLA HOSHANGABAD (MADHYA PRADESH)

                           4.    DR.PRAGYA SETHAD/O LATE DR. RAHAMOHAN
                                 S E T H A NEAR MARTHI SCHOOL BAJARIYA
                                 MOHALLA HOSHANGABAD (MADHYA PRADESH)

                           5.    SMT ABHA TAMRAKAR D/O LATE DR.
                                 RADHAMOHAN       SETHA RESIDING  NEAR
                                 MARATHI   SCHOOL   BAJARIYA   MOHALLA
                                 (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                           (BY SHRI YUVRAJ SINGH BAIS - ADVOCATE FOR RESPONDENT NO.1)

                                 Th is petition coming on for hearing this day, th e court passed the

Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 25-07-2023
19:19:52
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                           following:
                                                                ORDER

Learned counsel for the petitioner submits that impugned order passed by the learned Board of Revenue on 19.09.2008 is cryptic inasmuch as it has failed to take into consideration a fact that there are judgments and decrees in favour of the petitioner and against the respondent Vinay Kumar Singhal. It is

pointed out that 8th Civil Judge, Class-II in Original Civil Suit No.123-A of 2002 vide judgment and decree dated 14.05.2004 dismissed the suit of Vinay Kumar Singhal, then this judgment and decree was affirmed by the District Judge, Bhopal in Regular Civil Appeal No.19-A of 2005 vide judgment dated 23.02.2005. Against this judgment and decree Second Appeal No.737 of 2005

was filed before the High Court that too was dismissed vide judgment dated 02.01.2006. Thereafter, matter was taken by Vinay Kumar Singhal to the Supreme Court which was dismissed vide order dated 12.12.2006.

Counsel for the opposite party submits that he has no idea about these proceedings but submits that order passed by learned Board of Revenue is innocuous, it has only directed the Tehsildar to hear the parties and decide the case of mutation.

After hearing learned counsel for the parties and going through the record, it is open to the petitioner to produce judgment and decrees passed by the Trial Court, Appellate Court, Second Appellate Court and Hon'ble Supreme Court before the concerned Tehsildar in support of their claim that case of the plaintiff has been dismissed by four Courts and, therefore, he has no claim over the suit land.

In view of the such facts, this petition can be disposed of with a direction that parties shall appear before the concerned Tehsildar on 17.08.2023, after Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 25-07-2023 19:19:52

giving an opportunity of hearing concerned Tehsildar shall decide the application for mutation within a further period of sixty days.

In above terms, this petition is disposed of. Certified copy as per rules.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 25-07-2023 19:19:52