IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 15 OF DECEMBER, 2025 MISC. PETITION No. 7108 of 2025 GANGASAGAR SINGH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Prakash Kumar Gupta - Advocate for the petitioner.

Shri Ajay Ojha - G.A. for the State.

ORDER By way of this petition, the petitioner has challenged the orders of Annexure P-1, P-2 and P-3 passed by the Tahsildar, SDO and Commissioner respectively. By the order of Annexure P-1, the Tahsildar had permitted mutation in favour of the private respondents. By the order of Annexure P-2, the appeal against the said order had been rejected by the SDO and by the order of Annexure P-3, the Commissioner has refused to entertain the appeal on the grounds that since the petitioner has already instituted a Civil Suit before the Civil Court, therefore, the appeal before him cannot be decided in view of Section 10 of CPC.

2. It is contended by learned counsel for the petitioner that the matter relates to Will executed by deceased mother of petitioner, namely, Smt. Somari Devi, who is stated to have executed two rival Wills, one in favour of the petitioner and another in favour