Madhya Pradesh High Court
Hazarilal Adopted vs Kalibai D/O Late Shri Devilal W/O Shri ... on 1 February, 2024
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 1 st OF FEBRUARY, 2024
MISC. PETITION No. 3256 of 2023
BETWEEN:-
HAZARILAL ADOPTED S/O LATE SHRI DEVILAL
(GENETIC FATHER LATE SHRI GIRDHARILAL), AGED
ABOUT 60 YEARS, OCCUPATION: AGRICULTURIST
VILLAGE MEHARI CHOTI TEHSIL SARANGPUR
DISTRICT RAJGARH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI JITENDRA BHARAT MEHTA - ADVOCATE)
AND
1. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI
M UNNALAL DEAD THROUGH LRS. DULESINGH
S/O MUNNALAL, AGED ABOUT 35 YEARS,
OCCUPATION: AGRICULTURIST VILLAGE
NIPANIA TULA TEHSIL SARANGPUR DISTRICT
RAJGARH (MADHYA PRADESH)
2. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI
MUNNALAL DEAD THROUGH LRS. ANTARSINGH
S/O MUNNALAL, AGED ABOUT 30 YEARS,
OCCUPATION: AGGRICULTURE NOT MENTION
(MADHYA PRADESH)
3. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI
MUNNALAL DEAD THROUGH LRS.
LAKHANSINGH S/O MUNNALAL, AGED ABOUT 25
Y E A R S , OCCUPATION: AGRICULTURE NOT
MENTION (MADHYA PRADESH)
4. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI
MUNNALAL DEAD THROUGH LRS. DALIBAI W/O
MANOHAR, AGED ABOUT 28 YEARS,
OCCUPATION: HOUSEHOLD VIL. NIPANIA TULA,
TEHSIL SARANGPUR DIST. RAJGARH (MADHYA
PRADESH)
5. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 02-Feb-24
3:08:25 PM
2
MUNNALAL DEAD THROUGH LRS. SUGAN BAI
W/O MOTISINGH, AGED ABOUT 21 YEARS,
OCCUPATION: HOUSEHOLD VIL. GHONSALA,
TEHSIL SARANGPUR DIST. RAJGARH (MADHYA
PRADESH)
6. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI
MUNNALAL DEAD THROUGH LRS. SEEMABAI
W/O RAMBABU, AGED ABOUT 20 YEARS,
OCCUPATION: HOUSEHOLD BIAORA ROAD,
RAJGARH (MADHYA PRADESH)
7. DHAPUBAI W/O SHRI RAMESHWAR, AGED ABOUT
50 YEARS, OCCUPATION: HOUSEHOLD VIL.
NIPANIA TULA, TEHSIL SARANGPUR DIST.
RAJGARH (MADHYA PRADESH)
8. CHAMPIBAI W/O SHRI MOD SINGH, AGED ABOUT
50 YEARS, OCCUPATION: HOUSEHOLD VIL.
CHAPIHEDA, TEH. KHILCHIPUR DIST. RAJGARH
(MADHYA PRADESH)
9. STATE OF M.P. THROUGH THE PRINCIPAL
SECRETARY, REVENUE VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
10. THE ADDITIONAL COMMISSIONER BHOPAL
DIVISION, BHOPAL (MADHYA PRADESH)
11. THE SUB DIVISIONAL OFFICER (REVENUE)
SARANGPUR DIST. RAJGARH (MADHYA
PRADESH)
12. THE TEHSILDAR TEHSIL SANDAWATA, DIST.
RAJGARH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWYER)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition has been preferred by the petitioner against the order dated
30.12.2022 (Anneuxre P/1) passed by the Additional Commissioner, Bhopal,
Division Bhopal, whereby mutation proceedings have been disposed off by
directing the parties to be mutated over the disputed land on the basis of
judgment and decree dated 20.12.2018 passed in Civil Suit No.1-A/2018, 2-
A/2018 by the Civil Judge. Class- I, Sarangpur, District - Rajgarh.
2. It is trite law that mutation belongs title. If the civil Court has declared
the title of the parties to the disputed land, the revenue authorities do not have
any option but to mutate the parties on the basis of the judgment of the civil
Court in view of which the impugned order cannot be faulted with.
3. From the record, it appears that petitioner has already preferred an
appeal under Section 96 of the CPC before the appellate Court against the
judgment and decree passed by the trial Court. In case there is any variation in
the decree passed by the trial Court in the appeal preferred by the petitioner,
then mutation shall be effected as per decree to be passed therein.
4. For the aforesaid reason, there does not appear to be any necessity for
interfering in the impugned order passed by the Additional Commissioner.
5. With the observations as aforesaid, the petition stands disposed off.
(PRANAY VERMA)
JUDGE
jyoti
