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Kedar Rai v. Indrani & Others - WRIT - C No. - 51914 of 2007 [2007] RD-AH 16873 (25 October 2007)

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Hon'ble Janardan Sahai, J.

Heard the learned counsel for the petitioner and Sri R.P. Mishra holding brief of Sri Sanjeev Kumar Tiwari, learned counsel for the respondents.

This writ petition arises out or mutation proceeding. The respondent no. 3 was the recorded tenant. He transferred the disputed land to Indrani respondent no.1 by a gift deed and the courts below have directed that the name of the donee respondent no.1 be mutated. Counsel for the petitioner submitted that in respect of this very land a partition suit is pending and the transfer was made lis pendens without leave of the court. It is well settled that any finding in a mutation case which is a summary case is not binding in a regular suit. The order for mutation of the name of the transferee of the recorded tenant does not suffer from any illegality to call for interference under Article 226 of the Constitution of India. It is stated that the respondent no.1 has not yet been impleaded in the partition suit. If that be so it is open to the petitioner to raise all his objections in the civil court in case an application for impleadment has been filed or is filed by the respondent no.1 and it is also open to the petitioner to make an application for injunction or for other interim relief in the suit itself. In case such application is filed the same shall be decided in accordance with law. No ground for interference has been made out.

With these observations the writ petition is dismissed.




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