Shikha Jain vs Smt. Madhuri Jain
2023 Latest Caselaw 19733 MP

Madhya Pradesh High Court

Shikha Jain vs Smt. Madhuri Jain on 24 November, 2023

Author: Anand Pathak

Bench: Anand Pathak

                                                                   1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                          WP No. 28885 of 2023
                                            (SHIKHA JAIN AND OTHERS Vs SMT. MADHURI JAIN AND OTHERS)

                           Dated : 24-11-2023
                                    Shri Arun Dudhawat, learned counsel for petitioners.

                                    Shri    Shushant     Tiwari,       learned   Government      Advocate   for
                           respondent/State.

1. Heard on admission/stay.

2. The present petition has been preferred under Article 226/227 of the Constitution taking exception to proceedings undertaken by CMO, Municipal

Council, District Bhind whereby mutation has been carried out in favor of respondents on the basis of Will executed by family member of petitioners as well as respondents namely, Late Ashadevi Jain.

3. It is the submission of learned counsel for petitioner that on the basis of Will, mutation cannot be carried out. It is the domain of Civil Court where parties can assert their rights/title/interest. He relied upon judgment passed in the case of Geeta Paliwal and ors. Vs. Sitaram and Ors., 2023 SCC OnLine MP 811.

4. Issue notice to the respondents on payment of process fee within four

working days through registered A.D. mode, returnable within four weeks.

5.Till next date of hearing, effect and operation of impugned proceedings vide Annexure P/5 and P/8 shall remain stayed and no third party right shall be created by respondents.

(ANAND PATHAK) JUDGE

Vishal