Kaluram vs Hariram
2023 Latest Caselaw 3642 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                              ON THE 1 st OF MARCH, 2023
                                             MISC. PETITION No. 47 of 2021

                           BETWEEN:-
                           1.    KALURAM S/O SHRI KAMARLAL DHAKAD, AGED
                                 60 YEARS, R/O VILLAGE KHUJA TEHSIL AND
                                 DISTRICT GUNA (MADHYA PRADESH)

                           2.    AJAY KUMAR S/O SHRI NARVADA SHANKAR,
                                 AGED 48 YEARS, R/O R.K. PURAM COLONY BG
                                 ROAD GUNA TEHSIL AND DISTRICT GUNA AND
                                 IN FRONT OF MIDDLE SCHOOL, VILLAGE
                                 BATRANGGARH, TEHSIL AND DISTRICT GUNA
                                 (MADHYA PRADESH)

                           3.    MANISH DUBEY S/O SHRI MAHENDRA NARAYAN
                                 DUBEY, AGED 35 YEARS

                           4.    RISHU S/O SHRI MAHENDRA NARAYAN DUBEY,
                                 AGED 28 YEARS

                           5.    SONU D/O SHRI MAHENDRA NARAYAN DUBEY,
                                 AGED 40 YEARS

                           6.    JULI D/O SHRI MAHENDRA NARAYAN DUBEY,
                                 AGED 25 YEARS
                                 ALL BY CASTE BRAHAMAN, R/O BARETH ROAD,
                                 GANJBASODA, POST BASODA, DISTRICT BIDISHA
                                 (MADHYA PRADESH)
                                 NO.3 TO 6 LRS. OF SMT. UMABAI D/O LATE SHRI
                                 NARVADA SHANKAR TIWARI

                           7.    SMT URMILA BAI W/O SHRI RAJENDRA PRASAD
                                 D/O LATE SHRI NARVADA SHANKAR TIWARI R/O
                                 BRAHMAPURI NEAR KACHAHARI CHHABDA
                                 TEHSIL     CHHABDA     DISTRICT   BARAN
                                 (RAJASTHAN)

                           8.    SMT LAXMIBAI W/O SHRI OMPRAKASH D/O LATE
                                 SHRI NARVADA SHANKAR TIWARI R/O HOUSE OF
                                 SHRI OMPRAKASH SHARMA ADVOCATE POHRI
                                 DISTRICT SHIVPURI (MADHYA PRADESH)
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 02-03-2023
06:42:37 PM
                                                       2
                           9.    SMT RADHABAI W/O SHRI NARAYAN PRASAD
                                 SHARMA D/O LATE SHRI NARVADA SHANKAR
                                 TIWAR I R/O BEHIND VANDANA SCHOOL A.B.
                                 ROAD GUNA (MADHYA PRADESH)

                                                                                         .....PETITIONERS
                           (BY SHRI ROHIT BANSAL- ADVOCATE )

                           AND
                           1.    HARIRAM S/O SHRI NAVAL SINGH DHAKAD,
                                 AG ED 42 YEARS, OCCUPATION: AGRICULTURE
                                 R/O VILLAGE KHUJA TEHSIL AND DISTRICT
                                 GUNA (MADHYA PRADESH)

                           2.    LAXMAN SINGH S/O SHRI NAVAL SINGH
                                 DHAKAD,    AGED   40  YEARS, OCCUPATION:
                                 AGRICULTURE R/O VILLAGE KHUJA TEHSIL AND
                                 DIST GUNA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI AJAY BHARGAVA- ADVOCATE FOR THE RESPONDENT NO.1 )

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

This petition under Article 227 of the Constitution of India has been filed against the order dated 04.12.2020 passed by Additional Commissioner, Gwalior Division, Gwalior in Case No.483/2019-20/Appeal.

The crux of the matter is that the respondents No. 1 and 2 moved an application for mutation of their names which was rejected by the Tehsildar. However, the appeal filed by the respondents No.1 and 2 has been allowed and the names of the respondents No.1 and 2 have been directed to be mutated.

It is submitted by the counsel for the parties that the respondents No.1 and 2 had filed a civil suit which has been decreed. However, it is submitted by the counsel for the petitioners that the first appeal arising out of the said judgment and decree is pending.

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 02-03-2023 06:42:37 PM

Heard the learned counsel for the parties. The matter pertains to mutation and it is well established principle of law that mutation entry is not a document of title and it is made only for fiscal purposes. Coupled with the fact that the civil proceedings are pending between the parties, therefore, it is directed that the mutation entry as directed by the Additional Commissioner, Gwalior Division, Gwalior shall be subject to the final outcome of the civil litigation which is pending before the Court.

With aforesaid observation, the petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 02-03-2023 06:42:37 PM