Ashok Kumar vs Smt. Munni Devi
2024 Latest Caselaw 6527 MP

Madhya Pradesh High Court

Ashok Kumar vs Smt. Munni Devi on 4 March, 2024

Author: Anand Pathak

Bench: Anand Pathak

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                          BEFORE
            HON'BLE SHRI JUSTICE ANAND PATHAK
                  ON THE 4 th OF MARCH, 2024
                 MISC. PETITION No. 576 of 2024

BETWEEN:-
1.    ASHOK KUMAR S/O SHRI BABULAL JATAV, AGED
      ABOUT 58 YEARS,

2.    MANIRAM S/O BABULAL JATAV, AGED ABOUT 53
      YEARS,

3.    KANHAIYA LAL S/O BABULAL JATAV, AGED
      ABOUT    53    YEARS,     OCCUPATION    -
      AGRICULTURIST
      ALL R/O GRAM PIPROLI TEHSIL CITY CENTER,
      GWALIOR AT PRESENT K.K. COLONY, SIKANDAR
      KAMPOO,   LASHKAR,    GWALIOR    (MADHYA
      PRADESH)

                                                  .....PETITIONERS
(BY SHRI RANVEER SINGH - ADVOCATE)

AND
1.    SMT. MUNNI DEVI W/O SHRI MAHESHPURI D/O
      LATE SHRI GARIBA JATAV R/O D-32 BHUS KI
      TAAL KE BAGAL SE JAGJIVAN NAGAR THATIPUR
      GWALIOR (MADHYA PRADESH)

2.    SMT SAROJ BHADORIYA W/O SHRI RAMNOHRE
      SINGH R/O C-8 VIVEK VIHAR, MADHAV NAGAR,
      TEHSIL CITY CENTER, GWALIOR (MADHYA
      PRADESH)

3.    SMT SHEETAL BHADORIYA W/O SHARAD
      BHADORIYA R/O C-8 VIVEK VIHAR, MADHAV
      NAGAR, TEHSIL CITY CENTER, GWALIOR
      (MADHYA PRADESH)

4.    THE STATE OF MADHYA PRADESH THROUGH
      OFFICE COLLECTOR NEW COLLECTORATE
      BHAVAN, OHADPUR, SIROL ROAD, CITY CENTER,
      GWALIOR (MADHYA PRADESH)
                                      2

                                                               .....RESPONDENTS
(BY SHRI VIVEK KHEDKAR -ADDITIONAL ADVOCATE GENERAL)

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

Heard on admission.

2. The present petition is preferred under Article 227 of the Constitution taking exception to the order dated 14.12.2023 passed by Additional Commissioner, Gwalior Division in review application.

3. Petitioners are nephew of one Gariba who allegedly executed a will before the Sub-Registrar Gwalior on 08.07.2013 in favour of petitioners in

respect of suit property as mentioned in the petition vide different survey numbers at Village Piprauli, Tehsil City Center, Gwalior. Respondent No.1-Smt. Munni Devi was daughter of said Gariba and therefore, after death of Gariba, on 08.01.2021, she moved an application for mutation before the Tehsildar Circle Mahalgaon with the submissions that she is the sole surviving daughter of said Gariba and therefore, on the basis of succession, property devolved over her and therefore, mutation be recorded accordingly. Thesildar vide order dated 04.06.2021, allowed the application and rejected the objections of petitioners and mutated the land in favour of Smt. Munni Devi (respondent No.1 herein) thereafter, appeal was preferred by the petitioner before SDO but met the same fate vide order dated 23.12.2021. Thereafter, appeal was preferred before Additional Commissioner Gwalior but same also dismissed vide order dated 19.10.2023. Thereafter, review application was preferred but said application was dismissed vide order dated 14.12.2023. Now petitioner is before this Court.

4. It is the submission of counsel for the petitioners that one civil suit has also been filed at the instance of petitioners asserting their right/title/interest on the basis of execution of will by Gariba in favour of petitioners regarding suit property. Initially application for temporary injunction under Order XXXIX Rule 1 and 2 of CPC was dismissed but later on, when respondent No.1 disposed of part of the property to respondents No.2 and 3 then another application was filed in which order of status quo has been passed. However, petitioners are aggrieved by the rejection of review application and second appeal by the Additional Commissioner, Gwalior.

5. When this Court referred different judgments in this regard right from Hon'ble Apex Court in the case of Rohini Prasad Vs. Kasturchand, (2000) 3 SCC 668 and Jitendra Singh Vs. State of M.P. and Ors. 2021 SCC OnLine SC 802 and Full Bench of this Court in the case of Ramgopal Kanhaiyalal Vs. Chetu Batte, AIR 1976 MP 160 (FB). Division Bench of this Court in the case of Hariprasad Bairagi Vs. Radheshyam and others reported in 2021 (2) Revenue Nirnay 217, Nandita Singh Vs. Ranjit alias Bhaiyu Mohite passed in W.A. 317/2021 and in the case of Murari and another Vs. State of M.P. and others reported in 2020 (4) MPLJ 139 and the judgement passed by this Court in the case of Geeta Paliwal and ors. Vs. Sitaram and Ors., 2023 SCC OnLine MP 811 in which it has been

specifically held that adjudication over the question of will and mutation on the basis of will is the domain of civil Court and will can only be proved in civil Court not in revenue court therefore, mutation cannot be held valid on the basis of will produced before the revenue authority, then counsel for the petitioner seeks withdrawal of this petition and submit that he shall pursue his other remedy in accordance with law before the trial Court itself when situation

warrants so.

6. Prayer noted.

7. Petition is disposed of accordingly.

(ANAND PATHAK) JUDGE Ashish*

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

CHAUR GWALIOR, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c 3d4de08c6bb9303e52e2e7e728d9bac85bd 3, postalCode=474001, st=Madhya Pradesh, serialNumber=A926F3CBF979ECA6A4C477

ASIA 577EEDBA3AB4F94593A930B98DAE1B0AD 16F90B5FD, cn=ASHISH CHAURASIA Date: 2024.03.04 18:21:44 -08'00'