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Smt. Chameli Devi & Another v. State Of U.P. & Others - WRIT - C No. 24524 of 2006  RD-AH 9358 (10 May 2006)
Hon'ble S.U.Khan J
This writ petition arises out of mutation proceedings. Last order has been passed in Revision No. 27/15/40/133 of 1999-2000 and Revision No. 440 of 2003-04 Chameli Devi and others Versus Satyajeet and others. The said order has been passed by Commissioner, ChitraKoot Dham Mandal Banda on 3.2.2006.
Orders passed in mutation proceedings are summery in nature and always subject to the result of regular suit.
Accordingly writ petition is disposed of with the liberty to the petitioner to file regular suit. In the suit application for temporary injunction may also be filed. If suit is filed no finding recorded in the impugned orders either in respect of possession or title shall be taken into consideration. The said questions or any other question which may be raised must be decided by the court where regular suit is filed on the basis of evidence adduced before it.
For the period of four months both the parties are restrained from transferring the land in dispute.
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