Madhya Pradesh High Court
Anand Kumar Jain vs Chandra Kumar Jain on 10 August, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
MP No. 4458 of 2023
(ANAND KUMAR JAIN AND OTHERS Vs CHANDRA KUMAR JAIN AND OTHERS)
Dated : 10-08-2023
Shri D.K. Tripathi - Advocate for the petitioner.
It is submitted by Shri Tripathi that earlier respondent No.1 filed an
application for mutation of his name on the basis of Will purportedly executed by Late Shri Vallabhdas Jain and on the basis of said application, name of respondent No.1 was mutated. The order of mutation was immediately challenged by petitioner and accordingly, an interim order was passed. During pendency of appeal, respondent No.1 alienated property to respondent No.2 and accordingly, respondent No.2 moved an application for vacation of interim order on the ground of sale deed. It is submitted that by order dated 19.04.2023, SDO Sagar, had stayed execution of order of mutation and now on the basis of sale deed executed by respondent No.1 in favour of respondent No.2, interim order has been vacated. It is submitted that it is well established principle of law that revenue authorities have no jurisdiction to mutate the names on the basis of Will, therefore, SDO Sagar should not have vacated the interim order.
Issue notice to the respondents on payment of process fee by Registered AD mode payable within a period of seven working days.
The notices are made returnable within a period of three weeks. As an interim measure, it is directed that effect and operation of impugned order dated 11.07.2023 passed by SDO, Sagar in Appeal No.121/2023-24 shall remain stayed.
List this case on 04.09.2023 for confirmation of stay. If possible, matter 2 shall be heard finally.
(G.S. AHLUWALIA) JUDGE Shanu Digitally signed by SHANU RAIKWAR Date: 2023.08.10 16:40:09 +05'30'