ORDER

1. Petitioner is challenging the order dated 21.7.2017 passed by SDO in Case No.12/2013-14/Appeal titled as Bhuri and another v. Kedar and Government of M.P. allowing the appeal and order dated 1.7.2019 passed by Additional Commissioner, Gwalior Division, Gwalior in Case No.734/16-17/Appeal titled as Kedar v. Bhuri and others by which appeal filed by Kedar petitioner has been dismissed. Both the orders are under challenge in the present petition.

2. Heard learned counsel for the petitioner and learned counsel for the respondents.

3. Learned counsel for the petitioner mainly submits as under:

(i) Property was recorded in the name of Ninha who was the grandfather of petitioner Kedar Singh. During lifetime of Ninha he executed a Will deed dated 31.12.1989 in favour of the petitioner.

(ii) Ninha died on 6.6.1990 and after the death of Ninha, mutation order on the basis of Will deed in favour of petitioner was done by Tehsildar.

(iii) Respondents are the legal heirs of Babu S/o Ninha.

(iv) Babu did not challenge the Will in favour of petitioner in his lifetime. Thus, he was consenting to the Will.

(v) After a long period, legal heirs of Babu challenged the order of mutatio