Jeevan Das v. Smt. Savitri Mandal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3020 of 2018 1.

Jeevan Das S/o Late Shri Ramchandra Das Aged About 56 Years R/o Village Ravindra Nagar, Tahsil Surajpur, District Surajpur Chhattisgarh.

---- Petitioner

Versus

1. Smt. Savitri Mandal W/o Late Subal Mandal Aged About 70 Years

2. Sushil Mandal S/o Late Subal Mandal Aged About 46 Years

3. Manmat Mandal S/o Late Subal Mandal Aged About 43 Years All R/o Village Pakhanjur, District Bastar Chhattisgarh, At Present- Village Sanjay Nagar, Post Ravindranagar, Police Station Jainagar, Tahsil And District Surajpur Chhattisgarh.

4. State Of Chhattisgarh Through The Collector, Surajpur, District Surajpur Chhattisgarh.

5. The Sub Divisional Officer Surajpur, District Surajpur Chhattisgarh.

6. The Commissioner Surguja Division, Ambikapur, District Surguja Chhattisgarh.

7. The Board Of Revenue Bilaspur Chhattisgarh, Through The Chairman

8. The Station House Officer Of Police Station Jainagar District Surajpur Chhattisgarh.

Respondents For Petitioner Shri Ashok Kumar Shukla, Advocate For Respondents 1 to 3 Shri V.K. Pandey, Advocate For Respondent/State Ms Astha Shukla, Panel Lawyer Order On Board By Prashant Kumar Mishra, J.

29/10/2018 1.

The contest between the parties in relation to the right and entitlement to mutate their name over the subject property revolves around the WILL dated 2-9-1993, which was said to be executed by Subal Mandal, S/o Mahanand Mandal in favour of the present petitioner.

2.

The genuineness, validity and enforceability of the WILL has to be established in a Civil Court, therefore, the petitioner may prefer a duly constituted Civil Suit within a period of three months from today along with an application for grant of temporary injunction.

3.

Both the parties are claiming themselves to be in possession of suit property, therefore, it is directed that the parties shall maintain status quo, in respect of the property in dispute, as it exists today. This order shall remain subject to the order passed by the Civil Court on an application filed by the petitioner under Order 39 Rule 1 & 2 of the Code of Civil Procedure, 1908. In any case this order shall loose its efficacy after a period of three months from today.

4.

The Civil Court shall decide the application under Order 39 Rule 1 & 2, on its own merits, without being influenced by the present order of status quo.

5.

With the aforesaid observations, the writ petition stands disposed of.

Sd/- Judge Prashant Kumar Mishra Gowri