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2020 Supreme(MP) 1256

SHEEL NAGU, RAJEEV KUMAR SHRIVASTAVA
MURARI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For Appellant : Ashish Saxena
For Respondent: Madhur Ghargava, D. D. Bansal

JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. – This writ appeal under section 2(1) of Madhya Pradesh Uchcha Nyayalaya Ko Appeal Adhiniyam, 2005, has been filed against the order dated 17-9-2019 passed in Writ Petition No. 19089/2019, whereby the writ petition filed by the appellants/petitioners has been dismissed.

2. Brief facts of the case are that the appellants/petitioners had filed an application for mutation of their names on the basis of will executed by Atibal. The application filed by the petitioners was opposed by the respondents No. 5 to 7 and they also relied upon a registered Will dated 13-7-1994 executed by Atibal in their favour. The Tahsildar after recording the evidence, came to the conclusion that the petitioners have failed to prove the Will, however, the names of respondents No. 5 to 7 were recorded being the legal representatives of Late Atibal. Being aggrieved by the order of the Tahsildar, the appellants/petitioners filed an appeal, which was allowed by the SDO, Morena by order dated 21-1-2019 passed in case No. 135/17-18. The order of the SDO was challenged by respondents No. 5 to 7 by filing an appeal before the Court of Additional Commissioner, Chambal Division, M

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