CWP No.11151 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11151 of 2011 Date of decision: 25.07.2011 Jatinder Kapoor ....Petitioner Versus Commissioner Patiala Division, Patiala, and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. S.S. Salar, Advocate, for the petitioner. Mr. Sherry K. Singla, Advocate, for the caveator. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Notice of motion. On being asked, Mr. Jaswinder Singh, learned Deputy Advocate General, Punjab, has accepted notice on behalf of respondent No.1 to 4 and Mr. Sherry K. Singla, Advocate, appearing for the caveator, has accepted notice on behalf of respondent No.4. With the consent of the parties, this petition is being disposed of at the admission stage. Undisputedly, civil suit is pending between the parties, wherein Civil Court has to decide as to whether sale deed in favour of the petitioner or sale deed, claimed to have been executed by wife and mother-in-law of the petitioner in favour of respondents No.6 and 7 after receiving sale consideration from respondent No.4 with his consent in favour of respondents No.6 and 7, is valid. Learned Collector vide order CWP No.11151 of 2011 2 dated 17.9.2010 was pleased to adjourn the mutation proceedings sine die awaiting the decision in the civil suit. In the opinion of this Court, mutation proceedings are summary in nature and any decision passed in mutation proceedings shall not be res judicata in a regular civil suit involving the question of title between the parties and ultimately mutation has to be carried out as per the judgment and decree passed in pending civil suit. Therefore, Commissioner was not within its jurisdiction while setting aside the order passed by learned Collector adjourning the mutation proceedings sine die. Present petition is allowed. Order impugned is set aside. Mutation shall be carried out strictly as per the judgment and decree passed in the pending civil suit. (Alok Singh) Judge July 25, 2011 R.S.