The present petition under Article 227 of the Constitution of India isdirected against the order dated 10.10.2023 passed by learned Additional Commissioner, Gwalior Division, Gwalior in Second Appeal No.393/2023-24, whereby an application under Section 52 of MPLRC, for staying the effect andoperation of the order dated 21.07.2023 passed by SDO in first appeal was rejected without assigning any cogent and substantial reason merely on the ground that no document has been filed with regard to present respondents alienating the property in question.

Learned counsel for the petitioner had submitted that at the time of adjudication by Tehsildar upon application under Section 178 of MPLRC preferred by the present petitioner, the mother of present respondent no.1 had stated on affidavit that she has no objection in case the said application is allowed and partition as per the application moved by the present petitioners is carried out. It was further contended that on the basis of the aforesaid admission/consent given by mother of respondent no.1, Tehsildar vide orderdated 20.01.2022 had allowed the application and had partitioned the property in question.

It was further contended that a