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PRANAY VERMA
Dilshad Patel – Appellant
Versus
Additional Commissioner (Revenue) Indore – Respondent
ORDER
1. With consent of learned counsel for the parties, the matter is finally heard.
By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dated 15.4.2024 (Annexure P/13) passed by the Additional Commissioner, Indore Division, Indore, whereby his revision preferred against the order dated 14.2.2024 passed by the Additional Collector, District Indore has been dismissed as not maintainable.
2. The record indicates that an application was filed by respondent No.5 before the Additional Tehsildar, Tehsil Kanadia for his mutation over the disputed property under section 109, 110 of M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code'). The application was dismissed by order dated 6.10.2022 being aggrieved by which respondent No.5 preferred an appeal under section 44 (1) of the Code before the Sub Divisional Officer, Kanadia. During pendency of the appeal, an application under Order 1 rule 10 of the CPC was preferred by the petitioner for being impleaded as a party therein which was allowed by the S.D.O. by order dated 10.3.2023. being aggrieved by which respondent No.5 has preferred a revision under section 50 of
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
Interlocutory orders prejudicial to a party can be challenged in a single revision along with the final order, as established in Section 105(1) of the Code of Civil Procedure, 1908.
Point of law: Termination of contract - petitioner has failed to issue statutory notice under Section 125 of the Karnataka Co-operative Societies Act, 1959 to defendant No.l and therefore plaint was ....
The court emphasized that once a legal revision is entertained, subsequent orders should not arbitrarily modify prior orders, maintaining the integrity of due process.
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