IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

nd

ON THE 22 OF JANUARY, 2026 WRIT PETITION No. 42699 of 2025 NAIM UR RAHIM KHAN AND OTHERS Versus AYESHA SULTAN AND OTHERS Appearance:

Shri Ram Gulam Mahajan and Ms. Astha Goojar - Advocates for the petitioners.

Shri Vishal Daniel - Advocate for respondent No.1.

ORDER This petition under Article 226 of Constitution of India has been filed challenging the order dated 28/03/2025 passed by Sub Divisional Officer, Goharganj, District Raisen, as well as order passed by Commissioner, Bhopal Division Bhopal dated 13/10/2025, whereby an application for partition filed by the petitioners under Section 178(3) of MPLRC, 1959 was rejected because a Civil Suit No.35A/2024 is pending adjudication before the civil Court Goharganj.

2. It is the case of the petitioners that one W.P. No.15888/2023 in the name of Mohd. Faizan-Ur-Rahim Khan Vs. Smt. Ayesha Sultan & Others was filed for quashing the Additional Commissioner's order dated 26/06/2023 passed in case No.966/Appeal/2022-23. The issue was with respect to mutation dated 27/10/2004 in favour of Mohd. Faizan-Ur-Rahim Khan on the basis of Hiba dated 17/07/2001.