IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 8146 of 2010 Date of Decision: September 26, 2011 Harbhajan Singh and another ….Petitioners Versus State of Punjab and others. … Respondents CORAM: HON’BLE MR. JUSTICE ALOK SINGH Present: Mr. K.S. Bassi, Advocate, for the petitioners. Mr. Raghbir Chaudhary, Sr. DAG, Punjab, for respondent Nos. 1 to 6. Mr. Vikas Mehsempuri, Advocate, for respondent No.7. 1. Whether reporters of local news papers may be allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Alok Singh, J. (Oral) Present petition is filed arising out of the mutation proceedings. Dispute is about the inheritance of the estate of deceased Hardial Singh, who has expired on 16.10.2004. Petitioners are claiming inheritance on the basis of CWP No. 8146 of 2010 unregistered Will; while respondent No.7 is claiming inheritance as natural legal heir. This Court in the case of Shamsher Singh versus Commissioner, Patiala Division, Patiala and others, C.W.P. No. 16338 of 2011, decided on 02.09.2011 has held that writ petition ordinarily should not be entertained against the orders passed in summary proceedings of mutation. This Court has further held that mutation does not confer or extinguish any title. This Court has further held that any observation, finding or decision in a summary proceeding of mutation shall not be res judicata in a regular suit involving question of title and suit involving question of title shall be decided without being prejudiced by any finding, observation or decision in a summary proceedings of mutation. Learned counsel for respondent No.7 has stated that civil suit involving question of title and possession is pending between the parties, therefore, parties can agitate their respective rights/title in the pending civil suit. In view of the dictum of this Court in the case of Shamsher Singh (supra), I am not inclined to exercise my writ jurisdiction under Article 226 of the Constitution of India. Present petition is dismissed. However, parties shall be at liberty to agitate their respective title before the Civil Court in a pending civil suit. Civil Suit shall be decided, at 2 CWP No. 8146 of 2010 its own merit, in accordance with law, without being prejudiced by any observation / finding / decision passed in the impugned orders. Any finding, observation or decision in the impugned orders shall not be taken as res judicata in a civil suit pending between the parties. September 26, 2011 ( Alok Singh ) vkd Judge 3