IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE ANIL VERMA WRIT APPEAL No.1410 of 2024 (RAM SINGH Vs.

MS. MOHITA PATEL ------------------------------------------------------------------------------------------------------

Appearance:

Shri K.N. Gupta - Senor Advocate with Shri Saumyadeep Dwivedi - Advocate for the appellant Shri N.K. Gupta - Senior Advocate with Shri Anugrah Gupta -

Advocate for respondent.

Shri Pawan Raghuvanshi - Advocate for intervenor.

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Reserved on : 13.11.2025 Delivered on : 16.12.2025

JUDGMENT

Per: ANIL VERMA J.

Appellant has preferred the instant appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against impugned order dated 2.7.2021 passed in M.P.No.532/2018 by learned Single Judge, whereby petition of respondent has been disposed of and orders dated 12.1.2017 and

31.10.2017 passed by Board of Revenue were set aside and order dated 10.6.2016 passed by SDO was restored.

2. Brief facts of the case are that appellant is son of Late Dileep Singh. Deceased Dileep Singh had three wives namely Bhuri Bai, Gopi Bai and Saraswati Bai and total 10 daughters and 6 sons. Appellant is son of Dileep Singh through his wife Bhuri Bai and respondent is daughter of Balwant Singh, who is son of late Dileep Singh through his wife Saraswati Bai. Proposed intervenors No.1 and 6 are the daughters of Saraswati Bai and intervenor No.7 Shubham Patel is son of Yuvraj Singh Patel, who is son of late Dileep Singh through his wife Saraswati Bai. Proposed intervenor No.2 and 5 are grand-son and grand-daughter of Smt. Saraswati Bai through her daughter Smt. Dhanbai and the proposed intervenors are the members of same branch of family being sons, daughters, grand-son and grand- daughter through his third wife Smt. Saraswati Bai. Late Dileep Singh entered into a settlement with his wife Saraswati Bai and his sons Balwant Singh and Yuvraj Singh. Late Dileep Singh has separated the entire branch of his family through Saraswati Bai from his remaining family by executing settlement on 23.11.1988.

3. Brief facts of the case of the appellant are further that Late Dileep Singh had executed a registered Will dated 26.3.2002 in favour of his other wife Bhuri Bai and Gopi Bai and their sons and it was stated in that Will that Saraswati Bai and her sons Balwant Singh and Yuvraj Singh had already separated from family after being given a share of the property earlier, therefore, it is decided in the Will that no right of Saraswati Bai and her sons in the property were survived at the time of execution of Will. After death of Dileep Singh, name of appellant was mutated in respect of subject land bearing survey No.405/1 admeasuring 4.298 hectare situated at Village Dholkhedi, District Vidisha and appellant had peaceful possession of the subject land till yet. Civil Suit RCS-A No.400038/2005 was filed by Halkibai seeking cancellation of settlement dated 23.11.1988 and the Will dated 26.3.2002 but Halkibai has filed an application under Order 22 Rule 1 of CPC and the suit was dismissed as withdrawn. Akhilesh Patel has filed an application under Section 110 of MPLRC seeking mutation of his name in respect of the suit land on the basis of alleged Will dated 1.5.2002 executed by Dileep Singh. This application has been filed 13 years after mutation was done in favour of appellant in the year 2002. His application has been dismissed. Thereafter, appeal has been filed by Akhilesh Patel with an application seeking condonation of delay of 13 years which has been allowed by SDO. Thereafter, revision has been preferred by the appellant before Board of Revenue challenging order dated 10.6.2016. Revision has been allowed and order dated 10.6.2016 has been set aside and it was resulted in dismissal of appeal of Akhilesh Patel before SDO, as being time barred. Ak