Ranjodh Singh and Another vs The Financial Commissioner (Revenue) and Others

Alok Singh, J.—Reply on behalf of Respondent No. 3 is taken on record.

Present petition is arising out of mutation proceedings.

After the death of Balbir Singh, land owner, dispute arose between the petitioners and respondent No. 3 as to who would inherit estate of deceased Balbir Singh.

Respondent No. 3 is claiming inheritance being widow and sole legal heir of deceased Balbir Singh, while the Petitioners, nephews of Balbir Singh (deceased) are claiming inheritance on the basis of alleged ''Will'' executed by Balbir Singh.

Record reveals that earlier Respondent No. 3 had filed a suit for injunction and possession against the Petitioners and Ors. which was decreed in her favour.

Learned Counsel for the Petitioners states that in view of the judgment passed by this Court in Shamsher Singh v. Commissioner, Patiala Division and Ors. (Civil Writ Petition No. 16338 of 2011, decided on 02.09.2011), writ petition arising out of mutation proceedings is not maintainable.

Learned Counsel for the Petitioners seeks permission to withdraw this writ petition with liberty to file a civil suit claiming declaration on the basis of alleged ''Will''.

Learned Counsel for Respondent No. 3 states that since in the earlier suit, filed by Respondent No. 3, question of inheritance has been finally decided, therefore, suit is not maintainable and shall be barred by the principle of res judicata.

Petition is dismissed as withdrawn with liberty to the Petitioners to file suit as claimed by learned Counsel for the Petitioners, if permissible under the law. However, it is made clear that this Court is not making any observation about the maintainability of the suit and regarding the principle of res judicata, which shall be decided by the Court hearing the suit, to be filed by the Petitioners.