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2023 DIGILAW 82 (MP)

Upendra Kumar v. Rafikuddin and Others

2023-01-16

ROHIT ARYA

body2023
ORDER 1. This order would govern the disposal of MP.2177 of 2020 and MP.2504 of 2020 which would be hereinafter referred to as the M.P. (A) and M.P. (B) respectively. 2. M.P. (A) is directed against the order of Board of Revenue, Gwalior dated 18.12.2019 remanding the proceedings before the Tahsildar for completion of mutation proceedings after verifying the power of attorney used by the vendor while transferring the property in question in favour of the petitioners. M.P. (B) is directed by the same petitioners against the order of Tahsildar complying with the order of Board of Revenue and passing a fresh order dated 16.3.2020. 3. During the course of hearing, it transpired that the legal heirs other than the one allegedly executed power of attorney and sale-deed in favour of the petitioners have preferred a civil suit seeking declaration against the sale deed executed in favour of the petitioners. 4. Upon hearing learned counsel for the parties, this Court is of the view of that both the Misc. Petitions can be disposed of with the following order: “The question of mutation in respect of the land in question shall be addressed by the Tahsildar after final outcome of title suit/civil litigation pending before the court of competent jurisdiction and till then both the parties shall maintain status quo.” It is ordered accordingly. 5. With the aforesaid, the Misc. Petitions stand disposed of.