Bheekam Singh vs Gautam Mallah - 2023 Supreme(MP) 373

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2023 Supreme(MP) 373

DWARKADHISH BANSAL
Bheekam Singh – Appellant
Versus
Gautam Mallah – Respondent

Advocates:
Rahul Rawat for petitioner.

ORDER

1. This miscellaneous petition has been preferred by the petitioner Bheekam Singh challenging the order dated 26.5.2023 passed by Additional Commissioner, Jabalpur Division, Jabalpur in case No. 0930/Appeal/2021-22 affirming the order dated 28.2.2022 passed by SDO (Revenue), Narsinghpur, in case No. 0005/Appeal/2021-22 whereby setting aside the order dtd. 21.8.2017 passed by Naib Tahsildar in case no.67/A-6/2016-17 allowing petitioner’s application for mutation on the basis of judgment and decree passed by civil Court.

2. Learned counsel for the petitioner submits that a civil suit was filed by petitioner-Bheekam Singh for declaration of title and permanent injunction which was decreed on 17.7.2017 by 2nd Civil Judge Class-II, Narsinghpur in civil suit No.30-A/14. On that basis, he moved an application for mutation of his name, which after giving due opportunity of hearing to the concerning parties, was allowed by Naib Tahsildar, Narsinghpur vide order dated 21.08.2017, but in appeal learned SDO vide its order dated 28.2.2022 set aside the order passed by Naib Tahsildar and the order of SDO has been affirmed by Additional Commissioner, Jabalpur Division, Jabalpur vide its order