- (1.) Present petition is filed arising out of the mutation proceedings.
(2.) 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 unregistered Will; while respondent No.7 is claiming inheritance as natural legal heir.
(3.) 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.;