IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA st ON THE 1 OF MARCH, 2023 MISC. PETITION No. 47 of 2021 BETWEEN:-

1. KALURAM S/O SHRI KAMARLAL DHAKAD, AGED

60 YEARS, R/O VILLAGE KHUJA TEHSIL AND DISTRICT GUNA (MADHYA PRADESH)

2. AJAY KUMAR S/O SHRI NARVADA SHANKAR, AGED 48 YEARS, R/O R.K. PURAM COLONY BG ROAD GUNA TEHSIL AND DISTRICT GUNA AND IN FRONT OF MIDDLE SCHOOL, VILLAGE BATRANGGARH, TEHSIL AND DISTRICT GUNA (MADHYA PRADESH)

3. MANISH DUBEY S/O SHRI MAHENDRA NARAYAN DUBEY, AGED 35 YEARS

4. RISHU S/O SHRI MAHENDRA NARAYAN DUBEY, AGED 28 YEARS

5. SONU D/O SHRI MAHENDRA NARAYAN DUBEY, AGED 40 YEARS

6. JULI D/O SHRI MAHENDRA NARAYAN DUBEY, AGED 25 YEARS ALL BY CASTE BRAHAMAN, R/O BARETH ROAD, GANJBASODA, POST BASODA, DISTRICT BIDISHA (MADHYA PRADESH)

NO.3 TO 6 LRS. OF SMT. UMABAI D/O LATE SHRI NARVADA SHANKAR TIWARI

7. SMT URMILA BAI W/O SHRI RAJENDRA PRASAD D/O LATE SHRI NARVADA SHANKAR TIWARI R/O BRAHMAPURI NEAR KACHAHARI CHHABDA TEHSIL CHHABDA DISTRICT BARAN (RAJASTHAN)

8. SMT LAXMIBAI W/O SHRI OMPRAKASH D/O LATE SHRI NARVADA SHANKAR TIWARI R/O HOUSE OF SHRI OMPRAKASH SHARMA ADVOCATE POHRI DISTRICT SHIVPURI (MADHYA PRADESH)

Signature Not Verified Signed by: AVINASH

9. SMT RADHABAI W/O SHRI NARAYAN PRASAD SHARMA D/O LATE SHRI NARVADA SHANKAR TIWARI R/O BEHIND VANDANA SCHOOL A.B.

ROAD GUNA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI ROHIT BANSAL- ADVOCATE )

AND

1. HARIRAM S/O SHRI NAVAL SINGH DHAKAD, AGED 42 YEARS, OCCUPATION: AGRICULTURE R/O VILLAGE KHUJA TEHSIL AND DISTRICT GUNA (MADHYA PRADESH)

2. LAXMAN SINGH S/O SHRI NAVAL SINGH DHAKAD, AGED 40 YEARS, OCCUPATION: AGRICULTURE R/O VILLAGE KHUJA TEHSIL AND DIST GUNA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI AJAY BHARGAVA- ADVOCATE FOR THE RESPONDENT NO.1 ) This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 227 of the Constitution of India has been filed against the order dated 04.12.2020 passed by Additional Commissioner, Gwalior Division, Gwalior in Case No.483/2019-20/Appeal.

The crux of the matter is that the respondents No. 1 and 2 moved an application for mutation of their names which was rejected by the Tehsildar. However, the appeal filed by the respondents No.1 and 2 has been allowed and the names of the respondents No.1 and 2 have been directed to be mutated.

It is submitted by the counsel for the parties that the respondents No.1 and 2 had filed a civil suit which has been decreed. However, it is submitted by the counsel for the petitioners that the first appeal arising out of the said judgment and decree is pending.

Signature Not Verified Signed by: AVINASH Heard the learned counsel for the parties.

The matter pertains to mutation and it is well established principle of law that mutation entry is not a document of title and it is made only for fiscal purposes. Coupled with the fact that the civil proceedings are pending between the parties, therefore, it is directed that the mutation entry as directed by the Additional Commissioner, Gwalior Division, Gwalior shall be subject to the final outcome of the civil litigation which is pending before the Court.

With aforesaid observation, the petition is finally disposed of.

(G.S. AHLUWALIA)

JUDGE Avi Signature Not Verified Signed by: AVINASH