CWP No. 13049 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 13049 of 2011 Decided on:- 25.07.2011 Jaswinder Kaur ......Petitioner Versus Commissioner, Ferozepur Division, Ferozepur and others .......Respondents CORAM HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. Pankaj Jain, Advocate for the petitioner. **** ALOK SINGH, J(Oral) Petitioner has invoked the jurisdiction of this Court under Article 226/227 of the Constitution of India assailing the order dated 31.3.2011, passed by the Commissioner Ferozepur Division, Ferozepur in a mutation proceeding thereby observing that will in favour of the petitioner is not valid since Bachan Kaur was not competent to execute the will in favour of the petitioner. Learned counsel for the petitioner has submitted that civil suit is already pending before the competent civil Court between the parties Annexure P6, therefore, question of validity and genuineness of the will is to be decided by the competent civil Court. He has rightly submitted that mutation shall be carried out in the revenue record strictly as per the decision of the Civil Court and during the pendency of the civil suit, mutation proceedings between the parties losses its importance since mutation does not confer any title and it is the source of the title which is to be seen. Since the present petition is arising out the mutation proceeding and civil suit is pending involving question of title between the parties before the competent civil Court, therefore, I am not inclined to invoke my writ jurisdiction as to whether will in favour of petitioner is valid or not. I leave this question to the civil Court to adjudicate as to whether will in favour of the petitioner is valid and genuine will. Let Civil Court decide question of title between the parties pending in the civil suit. Revenue authority shall carry out the mutation in the revenue record strictly in CWP No. 13049 of 2011 2 accordance with the ultimate decision/judgment in the civil suit. Meanwhile mutation proceedings shall remain stayed sine die awaiting the decision of the Civil Court in a pending civil suit. Present petition stands disposed of accordingly. 25.07.2011 ( ALOK SINGH) mamta JUDGE