Madhya Pradesh High Court
Ajaysingh vs Sadashiv on 8 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 8 th OF FEBRUARY, 2024
WRIT PETITION No. 22436 of 2019
BETWEEN:-
AJAYSINGH S/O SURENDRASINGH RAJPUT
OCCUPATION: AGRICULTURIST VILLAGE LASUDIA
MORI TEHSIL AND DISTRICT INDORE (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI V.K.JAIN, SENIOR ADVOCATE WITH MS. VAISHALI JAIN -
ADVOCATE )
AND
1. SADASHIV S/O NANDRAM JOSHI VILLAGE
KHAJRANA (NEAR PATIDAR DHARMSHALA)
INDORE (MADHYA PRADESH)
2. RAMSINGH S/O SHRI SARDARSINGH RAJPUT
DECD. LRS. BABUSINGH S/O LATE SHRI
RAMSINGH RAJPUT R/O: VILLAGE MURADPURA,
TEHSIL - SANWER DIST INDORE (MADHYA
PRADESH)
3. RAMSINGH S/O SHRI SARDARSINGH RAJPUT
DECD. LRS. JADUSINGH S/O LATE SHRI
RAMSINGH RAJPUT R/O: VILLAGE - MURADPURA
TEHSIL SANWER DIST INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI DURGESH SHARMA - ADVOCATE )
This petition coming on for admission this day, th e court passed the
following:
ORDER
1. Heard.
2. By this petition preferred under Article 227 of the Constitution of
India the petitioner has challenged the order dated 20.06.2019 (Annexure P/11)
passed by the Board of Revenue whereby the Revision preferred by respondent
No.1 against the order dated 26.05.2016 passed by the Additional
Commissioner, Indore Division, Indore has been allowed and the orders passed
directing for mutation of name of petitioner have been set aside.
3. Learned counsel for respondent No.1 has produced a copy of the
judgment and decree dated 05.12.2023 passed in Civil Suit No.100037/2016 by
the Ist Civil Judge, Senior Division, Sanver, District Indore between the parties
to this petition whereby their title to the suit land has been determined and they
have been held entitled for getting themselves mutated over the suit land in the
revenue records as per the declaration made therein.
4. Thus it is evident that the civil suit between the parties with respect
to the suit land has already been decided. Though appeal has been preferred
against the said judgment before the appellate Court, but the fact remains that
there has been a determination as regards mutation over the disputed land and a
direction entitling the parties to get themselves mutated over the suit land as
declared therein has been issued. The same would be subject to the judgment to
be passed by the appellate Court and any interim order which may be passed.
For the present, since civil litigation between the parties is already pending in
which a judgment has been delivered, I do not see any ground for proceeding
further in this petition.
5. The petition is accordingly disposed off with the observation that
mutation over the disputed land shall be subject to the decision and/or interim
order which may be passed by the appellate Court in the appeal preferred
against the judgment dated 05.12.2023. For the present, the mutation entries
shall be in consonance with the judgment dated 05.12.2023 passed by the Trial
Court.
6. With the aforesaid observations, petition stands disposed off.
(PRANAY VERMA)
JUDGE
ns
