Pending resolution of a civil suit concerning a will, mutation of property should be suspended to prevent conflicting claims.

J U D G M E N T

The petitioner claims certain item of property on the basis of a will executed by the predecessor in interest. The petitioner has approached the revenue authorities for transfer of mutation and after conducting an enquiry the mutation was effected in the name of the petitioner. Subsequently an appeal came to be filed before the Revenue Divisional Officer who had set aside the mutation by way of Ext.P4. The petitioner preferred a revision before the District Collector which is pending consideration. In the meantime the petitioner apprehended that the objectors who claim to be the heirs of the land owner has approached the revenue authorities for effecting mutation in their name. The petitioner who claims right under the will, filed a declaration as envisaged under Rule 27(i) of the Transfer of Registry Rules indicating that a civil suit for probate of will is pending in which the other parties are also made defendants. But the apprehension expressed by the petitioner is that despite the information given to the revenue authorities they are proceeding to effect mutation in the name of other claimants.

2. Having regard to the aforesaid circumstances, since the matter is pending before the District Collector, all further proceedings for mutation shall be kept in abeyance until a decision is taken by the District Collector in this regard. The District Collector while considering the revision shall also take into consideration the pendency of the civil suit as envisaged under Rule 27(i) of the Transfer of Registry Rules.

The writ petition is disposed of as above.

A.M.SHAFFIQUE, (Judge)

Kvs/-