Harimohan vs Shri Vikrant Singh
2023 Latest Caselaw 9445 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                               WP No. 19203 of 2021
                    (HARIMOHAN AND OTHERS Vs SHRI VIKRANT SINGH)

Dated : 22-06-2023
      Shri K.S. Tomar, learned senior counsel with Shri J.S. Kaurav, learned

counsel for the petitioners.
      Heard on admission/stay.
      Petitioners are aggrieved by order dated 17.01.2019 passed by the
Additional Commissioner, Gwalior Division, District Gwalior (Annexure (P/1)
as well as order dated 30.04.2013 (Annexure P/2) passed by the SDO Sevdha,

District Datia as well as order dated 31.12.11 passed by Tahsildar Bhander
whereby, the Tahsildar mutated the name in favour of respondent Vikrant Singh

on the basis of adoption deed (Godnama).

It is the submission of learned counsel for petitioners that a Will was propounded in favour of the petitioners and adoption deed was in favour of the respondent and Tahsildar believed the contents of adoption deed and caused mutation in the name of respondent. He fairly submits that question of Will/adoption deed cannot be decided by the revenue Court. It is the domain of civil court. He relied upon the latest judgment of this Court in the case of Geeta

Paliwal and ors. Vs. Sitaram and Ors., 2023 SCC OnLine MP 811.

Issue notice to the respondent on payment of process fee within seven working days through registered A.D. mode, returnable within four weeks.

Till next date of hearing, effect and operation of impugned orders passed by the revenue authorities shall remain stayed and status quo in respect of the suit property shall be maintained by the parties.

List this case in week commencing 07.08.2023 for further orders.

VANDANA VERMA 2023.06.22 17:56:12

-07'00'

(ANAND PATHAK) JUDGE Van