Madhya Pradesh High Court
Radheshyam (Dead) Through Lrs. Sadu Bai vs Dhan Singh (Dead) Through Lrs. Smt. Kala ... on 24 November, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 24 th OF NOVEMBER, 2023
WRIT PETITION No. 5462 of 2017
BETWEEN:-
1. RADHESHYAM (DEAD) THROUGH LRS. SADU BAI
W/O SABAL SINGH D/O LATE RADHESHYAM
RAJPUT, AGED ABOUT 58 YEARS, R/O VILLAGE
KASHARNI TASHIL RAHATGAON DISTRICT
(MADHYA PRADESH)
2. RAMNIVAS S/O RADHESHYAM RAJPUT R/O
VILLAGE NAKWADA, TAHSIL AND DISTRICT
HARDA (MADHYA PRADESH)
3. RAJENDRA SINGH S/O RADHESHYAM RAJPUT
R/O VILLAGE NAKWADA, TAHSIL AND DISTRICT
HARDA (MADHYA PRADESH)
1(b). MULLU SINGH (LRS OF PETITIONER 1 ) S/O LATE
RADHESHYAM RAJPUT, AGED ABOUT 56 YEARS,
R/O VILLAGE NAKWADA TAHSIL AND DISTRICT
HARDA M.P. (MADHYA PRADESH)
1(c). RAJARAM (LRS OF PETITIONER 1 ) S/O LATE
RADHESHYAM RAJPUT, AGED ABOUT 56 YEARS,
R/O VILLAGE NAKWADA TAHSIL AND DISTRICT
HARDA M.P. (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI AVINASH ZARGAR-ADVOCATE)
AND
1(a). DHAN SINGH (DEAD) THROUGH LRS. SMT. KALA
BAI W/O LATE DHAN SINGH, AGED ABOUT 75
YEAR S , R/O WARD NO. 1 POKHARNI ROAD
TAHSIL TIMARNI DISTRICT HARDA M.P.
(MADHYA PRADESH)
2. NARAYAN SINGH S/O DHAN SINGH RAJPUT
VISHNUPURI COLONY, (MADHYA PRADESH)
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 11/25/2023
1:16:25 PM
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1(b). SMT. MADHU (LRS. OF RESPONDENTS NO. 1) W/O
BHAGWAT SINGH D/O LATE DHAN SINGH, AGED
ABOUT 55 YEARS, R/O VILLAGE KHAMAPADWA
TAHSIL AND DISTRICT HARDA M.P. (MADHYA
PRADESH)
1(c). SMT. SHARDA BAI (LRS. OF RESPONDENTS NO. 1)
W/O SURAJ SINGH RAJPUT D/O DHAN SINGH,
AGED ABOUT 52 YEARS, R/O VILLAGE PIPLANI
TAHSIL HARSUD DISTRICT KHANDWA (MADHYA
PRADESH)
1(d). SMT. SHAKUN BAI (LRS. OF RESPONDENTS NO. 1)
W/O SURESH SINGH RAJPUT D/O DHAN SINGH,
AGED ABOUT 49 YEARS, R/O VILLAGE PIPALYA
(MAKDAI) TAHSIL SIRALI DISTRICT HARDA M.P.
(MADHYA PRADESH)
1(e). SMT. KRAPA (LRS. OF RESPONDENTS NO. 1) W/O
KAILASH SINGH RAJPUR D/O DHAN SINGH
RAJPUT, AGED ABOUT 46 YEARS, R/O GANGA
NAGAR TAHSIL AND DISTRICT BURHANPUR M.P.
(MADHYA PRADESH)
1(f). SMT. ANITA (LRS. OF RESPONDENTS NO. 1) W/O
OMPRAKASH RAJPUT D/O DHAN SINGH, AGED
ABOUT 40 YEARS, VILLAGE SARANGPUR TAHSIL
KHIRKIYA DISTRICT HARDA M.P. (MADHYA
PRADESH)
1(g). SMT. CHINTA (LRS. OF RESPONDENTS NO. 1) W/O
DINESH SINGH THAKUR D/O DHAN SINGH, AGED
ABOUT 37 YEARS, R/O DEVSHREE COLONY
PITHAMPUR TAHSIL NALCHA DISTRICT HARDA
M.P (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI DR. ANUVAD SHRIVASTAVA- ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
1. Heard on IA No. 11113/18, an application for taking the judgment and
decree dated 29-08-2017 passed by the Civil Court on record.
2. The aforesaid application is taken on record.
3. Also heard on IA No. 11106/18, which is an application for dismissing
the petition having rendered infructuous.
4. Learned counsel for the parties are at consensus in submitting that there
were parallel civil litigations going on between the same parties and the matter
arising between the rival parties regarding validity of Will has been put to rest
by the Civil Court.
5. From a perusal of the judgment and decree dated 29-08-2017, it appears
that the title dispute between the parties have been decided.
6. In view of the matter, the present petition is disposed of with an
observation that mutation of the land in question would be carried out in
accordance with the findings of title arrived at by the Civil Court.
7. With the aforesaid observations, the petition stands disposed off.
(VIVEK JAIN)
JUDGE
PG
