Madhya Pradesh High Court
Mukesh Jain vs Hakim Singh on 20 February, 2026
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia, Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:6617
1 WA-44-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
&
HON'BLE SHRI JUSTICE HIRDESH
ON THE 20th OF FEBRUARY, 2026
WRIT APPEAL No. 44 of 2026
MUKESH JAIN
Versus
HAKIM SINGH AND OTHERS
Appearance:
Shri Ruchil Jain - Advocate for the appellant.
Shri Ravindra Dixit- Government Advocate for the State.
ORDER
Per: Justice Gurpal Singh Ahluwalia
This writ appeal under Section 2(1) of Madhya Pradesh Uchcha
Nyayalay (Khand Nyay Peeth ko Appeal) Adhiniyam, 2005 against order
dated 10/09/2025 passed by learned Single Judge in W.P.No.9229/2025.
2. Heard on I.A.No.2152/2026. This is an application for condonation
of delay in filing this writ appeal.
3. For the reasons mentioned in the application, the same is
allowed, and the delay of 39 days is hereby condoned.
4. It is submitted by counsel for appellant that appellant had purchased
a specific piece of land by registered sale-deed dated 12/07/2019. When he
moved an application for mutation of his name in respect of land mentioned
in sale-deed, then Tahsildar recorded his name in the revenue record as a co-
Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 23-02-2026
15:16:40
NEUTRAL CITATION NO. 2026:MPHC-GWL:6617
2 WA-44-2026
sharer of the entire property. Since appellant was interested in getting his
name mutated only in respect of land mentioned in the sale-deed, therefore,
he preferred an appeal and appeal filed by appellant was allowed by SDO.
5. Being aggrieved by order passed by SDO, respondents filed an
appeal which was allowed by order dated 23/05/2023 passed by Additional
Commissioner, Gwalior Division, Gwalior in Case No.241/22-2023/Appeal.
Order passed by Additional Commissioner, Gwalior Division, Gwalior was
assailed by appellant by filing writ petition No.9229/2025 which has been
dismissed by Co-ordinate Bench of this Court by impugned order dated
10/09/2023.
6. Challenging the order passed by learned Single Judge, it is
submitted by counsel for appellant that since, appellant had purchased a
specific piece of land, therefore, his name should have been recorded in the
revenue record only in respect of said land and his name should not have
been recorded as a co-sharer in the entire property of his vendor and his co-
sharers. Further, co-sharers had given their consent and had also signed the
sale-deed as consentors.
7. Heard the learned counsel for the parties.
8. The undisputed fact is that the entire property out of which the
specific piece of land was purchased by appellant was an undivided family
property. It is true that a co-sharer can sell his share with the consent of co-
sharer, but it is equally true that he cannot sell any specific piece of land and
the subsequent purchaser after having purchased a share of the vendor has to
file an application for partition, and he would get the possession of the
Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 23-02-2026
15:16:40
NEUTRAL CITATION NO. 2026:MPHC-GWL:6617
3 WA-44-2026
property which will come to his share in the partition.
9. The learned Single Judge has come to conclusion that consent to
sale-deed given by sisters cannot be said to be to the main clause of sale-
deed.
10. Therefore, 3/5 share of vendor in an undivided family property was
purchased by appellant and, therefore, at the most, it can be said that by
virtue of sale-deed, appellant had become a co-sharer having step into the
shoes of his vendors.
11. Under these circumstances, he cannot claim any specific piece of
land, and he has to file an application for partition and would be entitled to
get only that piece of land which would fall to his share after the partition
takes place. Under these circumstances, if the revenue authorities have
recorded the name of appellant, as the co-sharer in the entire property, then it
cannot be said that any illegality was committed by revenue authorities.
12. Accordingly, no case is made out warranting interference. Appeal
fails and is hereby dismissed.
(G. S. AHLUWALIA) (HIRDESH)
JUDGE JUDGE
PjS/-
Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 23-02-2026
15:16:40
