This oral disposal rejected the plea to stay mutation proceedings pending a civil suit regarding inheritance, holding that mutation cannot be kept in abeyance and the matter belongs to the Civil Court on evidence. Writ petition disposed of.
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CWP No.23436 of 2016
{1}
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.23436 of 2016 Date of decision:19.04.2017
Prabhjit Singh and others
... Petitioners
Vs.
State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
... Respondents
Present:Mr. Karanjit Singh, Advocate for the petitioners.
AMIT RAWAL J. (Oral)
The petitioners are aggrieved of the impugned orders, whereby, mutation bearing No.3979 of village Fatehpur, Tehsil and District Amritsar relating to inheritance of deceased Jaswant Singh son of Chanan Singh who unfortunately died on 07.04.2003, had been entered in favour of Sharanjit Kaur wd/o Jaswant Singh.
Mr. Karanjit Singh, learned counsel for the petitioners submits that Chanan Singh had executed unregistered Will dated 08.09.2000 in favour of the petitioners which was later on registered, therefore, mutation could not have been ordered in favour of the private respondents. He further submits that in this regard, a civil suit is already pending.
I have heard learned counsel for the petitioners and appraised the paper book.
It is settled law that mutation cannot be kept in abeyance. It has to be recorded. The parties are at liberty to lead evidence and on
Savita 2017.04.21 13:54 I attest to the accuracy and integrity of this document High Court Chandigarh
CWP No.23436 of 2016 {2}
preponderance of the evidence, the Civil Court shall decide the matter uninfluenced with the finding of the Civil Court with regard to mutation entered into on the basis of the natural succession as it is the domain of the Civil Court.
Writ petition stands disposed of.
(AMIT RAWAL) JUDGE April 19, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No
Savita 2017.04.21 13:54 I attest to the accuracy and integrity of this document High Court Chandigarh
Prabhjit Singh and others
State of Punjab and others
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
