Writ Appeal No.563/2011 12.12.2011 Shri H.Y. Mehta, learned counsel for the appellant. Shri B.L. Pavecha, learned Senior Counsel with Shri Nitin Phadke, learned for respondent No.1. Ms. Mini Ravindran, learned Deputy Government Advocate for respondent No.2. Heard. By filing this intra court appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal), Adhiniyam, 2005, the appellant has challenged the order dated 16.08.2011 passed by the learned Single Judge in Writ Petition No.5583/2009 as also the order dated 09.09.2011 passed in Miscellaneous Civil Case No.449/2011. Briefly stated, the aforesaid writ petition was filed by the first respondent challenging the order dated 21.04.2009 passed by the Board of Revenue in Review Case No.1734/I/2007. Learned Single Judge vide impugned order set aside the order dated 21.04.2009 passed by the Board of Revenue. However, it was made clear by the writ Court that the appellant herein shall be at liberty to challenge the order dated 04.04.2007 passed by the Board of Revenue, in accordance with law before the appropriate forum on merits. Learned Single Judge also clarified that any observation made by him or by the Board of Revenue will not come in the way of the Civil Judge, who is seized of the matter, while deciding the civil suit and the civil suit shall certainly be decided on the basis of evidence adduced during the trial of the suit. It has been contended by the learned counsel for the appellant that the learned Single Judge should have made it clear that not only the order of Board of Revenue, but the orders of mutation and the observation made by the revenue authorities should not come in the way of Civil Court, while deciding the civil suit. He prayed that this writ appeal may be disposed of with the aforesaid modification and with a direction to decide the pending civil suit expeditiously. The aforesaid prayer appears to be reasonable and has rightly not been opposed by the learned counsel appearing for the respondents. Accordingly, without expressing any opinion about merits of the matter, we are disposing of this writ appeal by making observation that any orders passed by the revenue authorities, including the orders about mutation and the orders passed by the Board of Revenue and the learned Single Judge shall not come in the way of the civil suit and the Civil Court shall be free to decide the civil suit on merits. With the aforesaid modification and further direction to the Civil Court to decide the pending civil suit as expeditiously as possible, this writ appeal is disposed of. (Shantanu Kemkar) (Prakash Shrivastava) Judge Judge Pithawe RC