IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK th ON THE 4 OF MARCH, 2024 MISC. PETITION No. 576 of 2024 BETWEEN:-

1. ASHOK KUMAR S/O SHRI BABULAL JATAV, AGED ABOUT 58 YEARS, 2. MANIRAM S/O BABULAL JATAV, AGED ABOUT 53 YEARS, 3. KANHAIYA LAL S/O BABULAL JATAV, AGED ABOUT 53 YEARS, OCCUPATION -

AGRICULTURIST ALL R/O GRAM PIPROLI TEHSIL CITY CENTER, GWALIOR AT PRESENT K.K. COLONY, SIKANDAR KAMPOO, LASHKAR, GWALIOR (MADHYA PRADESH)

.....PETITIONERS (BY SHRI RANVEER SINGH - ADVOCATE)

AND

1. SMT. MUNNI DEVI W/O SHRI MAHESHPURI D/O LATE SHRI GARIBA JATAV R/O D-32 BHUS KI TAAL KE BAGAL SE JAGJIVAN NAGAR THATIPUR GWALIOR (MADHYA PRADESH)

2. SMT SAROJ BHADORIYA W/O SHRI RAMNOHRE SINGH R/O C-8 VIVEK VIHAR, MADHAV NAGAR, TEHSIL CITY CENTER, GWALIOR (MADHYA PRADESH)

3. SMT SHEETAL BHADORIYA W/O SHARAD BHADORIYA R/O C-8 VIVEK VIHAR, MADHAV NAGAR, TEHSIL CITY CENTER, GWALIOR (MADHYA PRADESH)

4. THE STATE OF MADHYA PRADESH THROUGH OFFICE COLLECTOR NEW COLLECTORATE BHAVAN, OHADPUR, SIROL ROAD, CITY CENTER, GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIVEK KHEDKAR -ADDITIONAL ADVOCATE GENERAL)

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

ORDER

Heard on admission.

2. The present petition is preferred under Article 227 of the Constitution taking exception to the order dated 14.12.2023 passed by Additional Commissioner, Gwalior Division in review application.

3. Petitioners are nephew of one Gariba who allegedly executed a will before the Sub-Registrar Gwalior on 08.07.2013 in favour of petitioners in respect of suit property as mentioned in the petition vide different survey numbers at Village Piprauli, Tehsil City Center, Gwalior. Respondent No.1-Smt. Munni Devi was daughter of said Gariba and therefore, after death of Gariba, on 08.01.2021, she moved an application for mutation before the Tehsildar Circle Mahalgaon with the submissions that she is the sole surviving daughter of said Gariba and therefore, on the basis of succession, property devolved over her and therefore, mutation be recorded accordingly. Thesildar vide order dated 04.06.2021, allowed the application and rejected the objections of petitioners and mutated the land in favour of Smt. Munni Devi (respondent No.1 herein) thereafter, appeal was preferred by the petitioner before SDO but met the same fate vide order dated 23.12.2021. Thereafter, appeal was preferred before Additional Commissioner Gwalior but same also dismissed vide order dated 19.10.2023. Thereafter, review application was preferred but said application was dismissed vide order dated 14.12.2023. Now petitioner is before this Court.

4. It is the submission of counsel for the petitioners that one civil suit has also been filed at the instance of petitioners asserting their right/title/interest on the basis of execution of will by Gariba in favour of petitioners regarding suit property. Initially application for temporary injunction under Order XXXIX Rule 1 and 2 of CPC was dismissed but later on, when respondent No.1 disposed of part of the property to respondents No.2 and 3 then another application was filed in which order of status quo has been passed. However, petitioners are aggrieved by the rejection of review application and second appeal by the Additional Commissioner, Gwalior.

5. When this Court referred different judgments in this regard right from Hon'ble Apex Court in the case of Rohini Prasad Vs. Kasturchand, (2000) 3 SCC 668 and Jitendra Singh Vs. State of M.P. and Ors. 2021 SCC OnLine SC 802 and Full Bench of this Court in the case of Ramgopal Kanhaiyalal Vs. Chetu Batte, AIR 1976 MP 160 (FB). Division Bench of this Court in the case of Hariprasad Bairagi Vs. Radheshyam and others reported in 2021 (2) Revenue Nirnay 217, Nandita Singh Vs. Ranjit alias Bhaiyu Mohite passed in W.A. 317/2021 and in the case of Murari and another Vs. State of M.P. and others reported in 2020 (4) MPLJ 139 and the judgement passed by this Court in the case of