IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH

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ON THE 11 OF DECEMBER, 2025 REVIEW PETITION No. 1822 of 2025 MUKESH JAIN Versus HAKIM SINGH AND OTHERS Appearance:

Shri Ruchil Jain - Advocate for the petitioner.

Shri R.K.Soni - Advocate for respondents No.1 to 3.

Shri Prabhat Pateriya - Govt. Advocate for respondent No.4/State.

ORDER The instant review petition under Order 47 Rule 1 of CPC has been filed by the petitioner seeking the following reliefs:

"(a) That the final order dated 10.09.2025 passed by this Hon’ble Court in WP. No. 9229 of 2025 may kindly be set aside; and/or, (b) That the order dated 23.05.2023 may kindly be also set aside and names of petitioners may kindly be directed to be mutated on the agricultural land bearing survey no. (s) survey no. 2/1 admeasuring 0.143 hectares & 3/1 admeasuring 0.066 hectares situated at Village Manpur Gird, Lashkar, Gwalior (M.P.); and/or, (c) Any other such order or direction which the Hon’ble court may deem fit and proper in the facts and circumstances of the case."

2. Brief facts leading to filing of the instant review petition are as under:

2.1The petitioner herein, vide registered sale deed dated 12/07/2019, had purchased 0.209 hectare of land forming part of survey numbers jointly owned by respondents No. 1 to 3. On the strength of the said sale deed, the petitioner herein had moved an application under Sections 109 and 110 of MPLRC, 1959, seeking mutation of his name in respect of the land purchased by him. The Tehsildar, on the said application, had passed an order dated 04/11/2019, whereby the name of the petitioner had been mutated in respect of all survey numbers which were jointly owned by respondents No. 1 to 3.

2.2Aggrieved by the said order dated 04/11/2019, the petitioner had preferred an appeal before the Sub Divisional Officer (Revenue), Gwalior, on the ground that, as per the particulars of the land purchased by him mentioned in the sale deed, his name was required to be mutated only in respect of survey number 2/1 admeasuring area 0.143 hectare and survey number 3/2 admeasuring area 0.066 hectare, total admeasuring area 0.209 hectare, but the Tehsildar had illegally mutated the name in respect of all the survey numbers. The appeal preferred by the petitioner had been allowed by the Sub Divisional Officer (Revenue) vide order dated 27/04/2022.

2.3Against the said order dated 27/04/2022, respondents No. 1 to 3 had preferred a second appeal before the Additional Commissioner, Gwalior Division, Gwalior, which was allowed vide order dated 23/05/2023, and the order dated 04/11/2019 passed by the Tehsildar had been directed to be implemented by setting aside the order dated 27/04/2022 passed by the Sub Divisional Officer (Revenue).

2.4Aggrieved by the order dated 23.05.2023 passed by the Additional Commissioner, Gwalior Division, Gwalior, the petitioner approached this Court by filing W.P. No.9229/2025, inter alia, contending that the Additional Commissioner had erred in facts as well as in law in setting aside the just and reasoned order dated 04.11.2019 passed by the Sub-Divisional Officer (Revenue). This Court, after considering the arguments advanced on behalf of rival parties, passed the order dated 10.09.2025, whereby W.P.

No.9229/2025 was dismissed.

2.5The instant review petition arises out of the aforesaid order dated

10.09.2025. By referring to the grounds pleaded in the memo of the review petition, counsel for the petitioner submits that the reasons assigned by this Court while affirming the order dated 23.05.2023 passed by the Additional Commissioner, Gwalior, vide order dated 10.09.2025 passed in W.P. No.9229/2025, are not in conformity with the record. This Court, failed to appreciate that the sale deed dated 12.07.2019 conveyed only land bearing survey No.2/1 admeasuring 0.143 hectares and survey No.3/2 admeasuring 0.066 hectares, in total admeasuring 0.209 hectares, and not the said area out of the total joint landholdings.

3.