Neutral Citation No. - 2025:AHC-LKO:13166 Court No. - 8 Case :- WRIT - C No. - 2102 of 2025 Petitioner :- Prem Kumari And Others Respondent :- Commissioner, Ayodhya Division, Ayodhya And Others Counsel for Petitioner :- Durgendra Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1 to 3 has been accepted by the office of Chief Standing Counsel. Under challenge is the order dated 27.11.2024 passed by the respondent No.1, whereby the revision preferred by the petitioners has been dismissed affirming the order of the mutation passed by the respondent No.3 dated 06.04.2015. The submission of the learned counsel for the petitioners is that the dispute relates to the share of Vasudev (the real brother of the predecessor-in-interest of the petitioners, namely Shankar Dev). It is urged that the private-respondents No.4 and 5, on the basis of the registered Will said to have been executed by Vasudev, have been claiming rights in the disputed property and initiated proceedings for mutation. The said proceedings came to be decided in favour of the private-respondents No.4 and 5 against which the petitioners preferred a revision which has been dismissed. It has further been urged that the Will was not adequately proved, apart from this it was a fictitious document and this aspect has not been considered either by the Tehsildar or the revisional Court which has vitiated the impugned orders. Having considered the aforesaid submissions and from a perusal of the material on record, this Court finds that insofar as the Will is concerned, the petitioners have already instituted a suit seeking cancellation of the said Will, which is registered as Regular Suit No.85/2015 which is engaging the attention of the Civil Judge (Junior Division), Court No.14, Ramsanehighat, District Barabanki. The issue whether the said Will is genuine or not is the subject matter of the Civil Court concerned. The mutation proceedings are of summary nature and do not decide the right, title or interest of any of the parties. It is merely for fiscal purposes. Considering the fact that the suit for cancellation of the Will is already seized before the Civil Court concerned coupled with the fact that exception which has been carved out by this Court in Smt. Kalawati v. Board of Revenue, 2022 (4) ADJ 578 is also not made out to persuade this Court to entertain this petition. Accordingly, this Court does not deem it appropriate to entertain the petition which is accordingly dismissed leaving it open for the petitioners to contest the civil suit. It is also observed that any order passed by the Civil Court concerned on the regular side shall be binding on the parties and the mutation Court, who shall follow the same. Order Date :- 4.3.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench