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Madhya Pradesh High Court · body

2016 DIGILAW 494 (MP)

Charanjeet Singh v. Ram Singh

2016-06-22

ROHIT ARYA

body2016
ORDER 1. This writ petition under Article 227 of the Constitution of India is directed against the order of the Board of Revenue dated 19.2.2010 directing the Tahsildar to carry out the mutation of the land in question i.e. land falling in various survey Nos. as mentioned in the application Annexure P-2 situated in Village Moharairai, District Ashoknagar. 2. Learned counsel for the petitioners taking exception to the aforesaid order submits that in respect of same land and between the same parties, Second Appeal No.341/2009 is pending for consideration before this Court. The aforesaid appeal stands admitted on 18.2.2013 and granted interim relief on the same date by which directed parties to maintain status quo over the suit property. It is submitted that in the teeth of the ad-interim order passed by this Court, if the impugned order passed by the Board of Revenue is allowed to be implemented, the same may lead to aggravate the situation and create complications. Further, the mutation if allowed to be carried out pursuant to the impugned order passed by the Board of Revenue, the same shall be highly prejudicial to the interest of the petitioners. Under such circumstances, it is prayed that till disposal of the second appeal by this Court, the order of the Board of Revenue may not allowed to be implemented. 3. Per contra, T.C. Singhal, learned counsel for the respondents supports the order passed by Board of Revenue and contends that if the mutation is allowed to be carried out, the same shall not cause any prejudicial to the interest of the petitioners and have any bearing on the decision of pending second appeal (supra). 4. Heard learned counsel for the parties. 5. In the opinion of this Court, there is substantial force in the submission advanced by learned counsel for the petitioners. Once this Court, in respect of the same subject matter of the suit property and between the same parties has ordered for maintaining status quo in second appeal (supra) in all fairness, it shall be in the interest of justice of the parties, the order impugned passed by the Board of Revenue on 19.2.2010 (supra) is required to be kept in abeyance during pendency of the appellate proceedings. 6. Accordingly, writ petition is allowed and disposed of. 6. Accordingly, writ petition is allowed and disposed of. The order passed by the Board of Revenue (supra), shall be kept in abeyance during pendency of Second Appeal No.241/2009 (supra) and further demarcation shall be carried out after decision in the aforesaid second appeal. 7. It is made clear that this Court has not expressed any opinion on the merits of the case.