ORDER

1. Heard on IA No.12004/2023, an application for bringing the legal representatives of late Mahesh Gaur on record.

2. Since, IA No.12004/2023 was filed for substitution of legal representatives of late Mahesh Gaur, therefore, the same is allowed. Legal representatives of late Mahesh Gaur are taken on record.

3. Let necessary amendment be carried out latest by tomorrow.

4. Since legal representatives have already been brought on record, therefore, IA No.3141/2024 for intervention by the legal representatives of late Mahesh Gaur is dismissed as not required.

5. Heard on the question of merits.

6. This petition under Article 227 of the Constitution of India has been filed seeking the following reliefs :-

(i) That, impugned order dated 30.5.2019 may kindly be set aside and (ii) That, any other relief as deemed fit may also be granted to the petitioners together with the cost of these proceedings.

7. It is submitted by counsel for the petitioner that on the basis of will executed by one Dulari Bai, name of original respondent Mahesh Gaur was mutated in the revenue records. The matter travelled before the revenue authorities on multiple occasions and ultimately, by the impugned order, the Commissioner, Narmadapuram Division, Hoshangabad in case no. 92/Appeal/2018-19, has directed for mutation of name of Mahesh Gaur on the basis of will. However, it is fairly conceded that the petitioner had also filed a suit for declaration of his title but the same has been dismissed and the will executed in favour of Mahesh Gaur has been held to be genuine. However, it is submitted by counsel for the petitioner that the judgment and decree passed by the civil court has already been assailed by filing a civil appeal under Section 96 of the CPC and it is still pending.

8. Considered the submissions made by counsel for the parties.

9. It is well established principle of law that mutation of name of a person on the basis of will is beyond the jurisdiction of the revenue authorities and if the beneficiary wants to take advantage of a will, then he has to seek a declaration from a competent court of civil jurisdiction. However, in the present case, civil suit filed by the petitioner challenging the will as well as for declaration of title has already been dismissed. Thus, there is already a verdict in favour of the respondent to the effect that will executed in the favour of Mahesh Gaur is genuine. However, the judgment and decree passed by the trial Court is not final and it is sub-judice before the First Appellate Court. Therefore, for the time being by maintaining the order dated 30.5.2019 passed by the Commissioner, Narmadapuram Division, Hoshangabad, it is directed that name of legal representatives of late Mahesh Gaur shall continue to remain in the revenue records but the said mutation entry shall be subject to final outcome of the civil litigation.

10. It is made clear that this Court has not considered the correctness / genuineness of the will and has merely maintained the order of Commissioner, Narmadapuram Division, Hoshangabad in the light of the judgment and decree passed by the Trial Court, therefore, the appellate court shall decide the appeal strictly in accordance with arguments / grounds raised by the parties and shall not get influenced or prejudiced by the dismissal of this petition.

11. With aforesaid observation, petition is finally disposed of. (G.S. AHLUWALIA) JUDGE JP JITENDRA KUMAR Digitally signed by JITENDRA KUMAR PAROUHA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=PRINCIPAL BENCH INDORE, 2.5.4.20=a650f9cd964b96221568096ac01ab1bf019e0b76f6fc652f893c6324a2f64a5a, PAROUHA postalCode=482001, st=Madhya Pradesh, serialNumber=627378D3EE51220F5E81130EECF5ABBEC55EBB6B78033E5FF10402B19143AD99, cn=JITENDRA KUMAR PAROUHA Date: 2024.05.01 03:00:15 -07'00'