Civil Writ Petition No. 3924 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 3924 of 2009 Date of Order: 10.08.2010 Kewal Krishan and others ....Petitioners Versus The Financial Commissioner Appeals III, Pb. and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Ravi Sharma,Advocate for the petitioners. Mr. C.S.Brar, DAG, Punjab for respondents No.1 to 3 None for respondent no.4. RAJIVE BHALLA, J (Oral). The petitioners challenge the orders dated 03.08.2005, 19.09.2007 and 12.03.2008, passed by the Assistant Collector Ist Grade, Moonak, the Divisional Commissioner, Patiala Division, Patiala and the Financial Commissioner Appeals-III, Chandigarh, sanctioning a mutation in favour of Maya Devi, respondent no.4. Counsel for the petitioners submits that the petitioners are the brothers and sisters of the deceased whereas Maya Devi, respondent no.4 is a stranger who claims inheritance on the basis of a Kareva marriage with the deceased. The parties are Brahmans and in the absence of proof of marriage, or the existence of a custom of Kareva, amongst brahmans, the mutation could not be sanctioned in favour of respondent no.4. It is, however, not denied that the petitioners have filed a civil suit relating to the estate of Siri Civil Writ Petition No. 3924 of 2009 -2- Ram, deceased. I have heard counsel for the petitioners and find no reason to interfere with the orders passed by revenue authorities. A mutation, is a fisical entry recorded to update revenue record. The summary determination of title neither binds the parties nor a Civil Court. Whether a custom of Kareva exists in Brahamans or not and whether there is any evidence of a Kareva marriage, will have to be decided in the civil suit, which is pending adjudication. The revenue authorities rightly relied upon the evidence on record to hold that respondent no.4 is the widow of the deceased. In view of what has been stated hereinabove, the writ petition is dismissed. However, the Assistant Collector Ist Grade is directed to record an entry in the remarks column of the latest jamabandi that a civil suit is pending adjudication between the parties with respect to the property in dispute. August 10, 2010 (RAJIVE BHALLA) nt JUDGE