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2018 Supreme(MP) 382

SHEEL NAGU
Ramniwas – Appellant
Versus
Omkar Singh – Respondent


Advocates:
P.C. Chandil for petitioners; Kaushlendra Singh for respondent.

ORDER

1. The present petition invokes the supervisory jurisdiction of this Court under Article 227 of the Constitution of India whereby the orders passed by the Revenue Courts below including the Board of Revenue have been put to question.

2. The bone of contention between the rival parties is the rejection of an application under Order 26 rule 10(a) r/w section 151 of CPC in a proceedings for mutation initiated by the petitioner before the Tahsildaar, Ambah, District Morena.

2.1 The aforesaid application was moved by the petitioner based on the order of remand passed by the Additional Commissioner Chambal Division on 25.7.2007 for the purpose of enquiry into the relevancy and authenticity of both the wills to be decided by the Courts below. When the matter was reconsidered by the Tahsilaar, an application under Order 26 rule 10(a) r/w section 151 of CPC on 25.6.2008 was moved by the petitioner which was replied to by the other side.

2.2 The Tahsildaar passed an order dated 4.6.2011(Annexure P-10) rejecting the said application on the ground that the same had been filed to delay the proceedings.

2.3 The said order of Tahsildar was assailed before the Additional Collector who rejected











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