IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA st ON THE 1 OF FEBRUARY, 2024 MISC. PETITION No. 3256 of 2023 BETWEEN:-

HAZARILAL ADOPTED S/O LATE SHRI DEVILAL (GENETIC FATHER LATE SHRI GIRDHARILAL), AGED ABOUT 60 YEARS, OCCUPATION: AGRICULTURIST VILLAGE MEHARI CHOTI TEHSIL SARANGPUR DISTRICT RAJGARH (MADHYA PRADESH)

.....PETITIONER (BY SHRI JITENDRA BHARAT MEHTA - ADVOCATE)

AND

1. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI MUNNALAL DEAD THROUGH LRS. DULESINGH S/O MUNNALAL, AGED ABOUT 35 YEARS, OCCUPATION: AGRICULTURIST VILLAGE NIPANIA TULA TEHSIL SARANGPUR DISTRICT RAJGARH (MADHYA PRADESH)

2. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI MUNNALAL DEAD THROUGH LRS. ANTARSINGH S/O MUNNALAL, AGED ABOUT 30 YEARS, OCCUPATION: AGGRICULTURE NOT MENTION (MADHYA PRADESH)

3. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI MUNNALAL DEAD THROUGH LRS. LAKHANSINGH S/O MUNNALAL, AGED ABOUT 25 YEAR S, OCCUPATION: AGRICULTURE NOT MENTION (MADHYA PRADESH)

4. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI MUNNALAL DEAD THROUGH LRS. DALIBAI W/O MANOHAR, AGED ABOUT 28 YEARS, OCCUPATION: HOUSEHOLD VIL. NIPANIA TULA, TEHSIL SARANGPUR DIST. RAJGARH (MADHYA PRADESH)

5. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI MUNNALAL DEAD THROUGH LRS. SUGAN BAI W/O MOTISINGH, AGED ABOUT 21 YEARS, OCCUPATION: HOUSEHOLD VIL. GHONSALA, TEHSIL SARANGPUR DIST. RAJGARH (MADHYA PRADESH)

6. KALIBAI D/O LATE SHRI DEVILAL W/O SHRI MUNNALAL DEAD THROUGH LRS. SEEMABAI W/O RAMBABU, AGED ABOUT 20 YEARS, OCCUPATION: HOUSEHOLD BIAORA ROAD, RAJGARH (MADHYA PRADESH)

7. DHAPUBAI W/O SHRI RAMESHWAR, AGED ABOUT

50 YEARS, OCCUPATION: HOUSEHOLD VIL. NIPANIA TULA, TEHSIL SARANGPUR DIST.

RAJGARH (MADHYA PRADESH)

8. CHAMPIBAI W/O SHRI MOD SINGH, AGED ABOUT

50 YEARS, OCCUPATION: HOUSEHOLD VIL. CHAPIHEDA, TEH. KHILCHIPUR DIST. RAJGARH (MADHYA PRADESH)

9. STATE OF M.P. THROUGH THE PRINCIPAL SECRETARY, REVENUE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

10. THE ADDITIONAL COMMISSIONER BHOPAL DIVISION, BHOPAL (MADHYA PRADESH)

11. THE SUB DIVISIONAL OFFICER (REVENUE)

SARANGPUR DIST. RAJGARH (MADHYA PRADESH)

12. THE TEHSILDAR TEHSIL SANDAWATA, DIST.

RAJGARH (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWYER)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition has been preferred by the petitioner against the order dated

30.12.2022 (Anneuxre P/1) passed by the Additional Commissioner, Bhopal, Division Bhopal, whereby mutation proceedings have been disposed off by directing the parties to be mutated over the disputed land on the basis of judgment and decree dated 20.12.2018 passed in Civil Suit No.1-A/2018, 2-

A/2018 by the Civil Judge. Class- I, Sarangpur, District - Rajgarh.

2. It is trite law that mutation belongs title. If the civil Court has declared the title of the parties to the disputed land, the revenue authorities do not have any option but to mutate the parties on the basis of the judgment of the civil Court in view of which the impugned order cannot be faulted with.

3. From the record, it appears that petitioner has already preferred an appeal under Section 96 of the CPC before the appellate Court against the judgment and decree passed by the trial Court. In case there is any variation in the decree passed by the trial Court in the appeal preferred by the petitioner, then mutation shall be effected as per decree to be passed therein.

4. For the aforesaid reason, there does not appear to be any necessity for interfering in the impugned order passed by the Additional Commissioner.

5. With the observations as aforesaid, the petition stands disposed off.

(PRANAY VERMA)

JUDGE jyoti