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

HON'BLE SHRI JUSTICE ANIL VERMA

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ON THE 16 OF DECEMBER, 2025 WRIT APPEAL No. 3545 of 2025 AKANT KUMAR JAIN Versus SMT KIRAN JAIN Appearance:

Shri S.K. Shrivastava-Advocate for petitioner.

Shri Vibhor Kumar Sahu - Advocate for respondents.

ORDER Per: Justice Anand Pathak

1. Heard on I.A. No.15142/2025, an application under Section 5 of Limitation Act.

2. As per the office report, this appeal is barred by 771 days.

3. Counsel for appellant informs this Court that earlier Review Petition was preferred taking exception to order dated 31/07/2023 passed in MP No.3080/2023 on 31/01/2024. That Review Petition (RP No.115/2024) got decided on 2/12/2025. Thereafter, this appeal is preferred. Interregnum period is treated as period of delay; whereas, appellant was pursuing the proceedings in bona fide manner before the competent Court of law. Therefore, delay is to be seen from that perspectives and be condoned in the interest of justice. Although delay caused but appellant pursuing litigation bonafidely.

4. Counsel for respondent opposed the prayer and prays for dismissal of the application.

5. Considering the submissions, the contents of the application and the reasons mentioned in the application, sufficiency of cause is made out, therefore, I.A. No.15142/2025 is hereby allowed and the delay of around 190 days (erroneously mentioned as 771 days) in filing the instant appeal is hereby condoned in the interest of justice.

6. Heard finally, with consent.

7. The instant appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by appellant/petitioner taking exception to order dated 31/07/2023 passed by learned Writ Court in Misc. Petition No.3080/2023; whereby, learned Writ Court though allowed the petition preferred by appellant/petitioner but remanded the matter back to the First Appellate Court (SDO) to decide the First Appeals on merits. This writ appeal also challenges the order dated 02/12/2025 passed in RP No.115/2024 preferred by appellant/petitioner seeking review of order dated 31/07/2023 passed in Misc. Petition No.3080/2023.

8. Precisely stated facts of the case are that the disputed land originally belonged to late Deepak Kumar Jain and land is situated in villages Ajeetpur and Jiwajipur, Tehsil Basoda, District Vidisha. The respondent is the legally wedded wife of the deceased, though relations between them were strained and she had allegedly deserted him. During his lifetime, late Deepak Kumar Jain executed a registered Will dated 05/01/2007 in favour of the present appellant, his nephew, and subsequently died on 03/12/2007. After his death, the appellant applied for mutation of his name on the basis of the said Will. Though the Tehsildar initially rejected the application, the Sub-Divisional Officer, by order dated 06/10/2009, remanded the matter for fresh consideration. Pursuant thereto, the Tehsildar, after examining the material on record, held the property to be self-acquired and allowed the mutation in favour of the appellant by order dated 22/12/2009, which was acted upon and attained finality. After an unexplained delay of about 13 years, the respondent challenged the remand and mutation orders without disclosing that appeals against final orders of Tahsildar have been preferred and the respondent had also preferred an appeal against the same. While respondent's appeal against the mutation order was dismissed on the ground of limitation, the Additional Commissioner, by order dated 17/05/2023, set aside all previous orders, leading to filing of the Misc. Petition, the Review Petition and thereafter, the present Writ Appeal.

9. It is the submission of counsel for appellant/petitioner that the impugned order passed by the learned Writ Court, insofar as it remands the matter to the First Appellate Authority (SDO) is illegal and unsustainable, as the earlier remand order dated 06/10/200