Court No. - 9
Case :- WRIT - C No. - 14074 of 2019 Petitioner :- Sudha Devi Alias Sudesh Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned standing counsel for the State respondents.
The writ petition arises out of proceedings for mutation. The dispute pertain to the land recorded in the name of one Ramchander, since deceased. The petitioner and the respondents are his daughters.
The claim of the petitioner was based on succession while the opposite party claims on the basis of will in her favour allegedly executed by Ramchander.
The mutation court accepted the will and ordered mutation in favour of the respondents which order has been affirmed by the Additional Commissioner.
During the course of arguments it transpires that the petitioner has already instituted a suit for cancellation of the will set up by the respondent.
Under the circumstances, and since findings returned by the mutation courts in summary proceedings are not binding upon the courts in regular title proceedings and the mutation orders have purely fiscal connotations this court does not consider a fit case for interference.
Under the circumstances, this writ petition is dismissed subject to the observations that the orders impugned in this writ petition shall necessarily abide by the final order in the suit for cancellation of the will filed by the petitioner, which will is the basis of the mutation order in favour of the respondents.
Order Date :- 26.4.2019 Md Faisal