HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12107 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Ashok Kumar Singh, learned counsel for the petitioner as well as learned Standing Counsel for respondent no.1. 2. In the light of the proposed order to be passed, issuance of notice to private respondent no.1, is dispensed with. 3. It has been submitted by learned counsel for the petitioner that opposite party no.2 has moved an application for mutation in the year 2007 on the basis of Will dated 3.4.2006, which was dismissed on 12.10.2023. On the rejection of the application the name of the petitioner was duly mutated in the revenue records on the basis of his claim being legal heir and successor of Ram Gopal by means of order dated 16.6.2024. Subsequently the petitioner on coming to know of the Will, has filed a Civil Suit challenging the said Will and the suit was dismissed by the Civil Court, at Sitapur and it has been submitted that presently a Second Appeal No. 566 of 2017 (Sushil Kumar Vs. Aasha Devi) is pending before this Court. 4. It is on the aforesaid circumstances, the present writ petition has been filed for direction to the Naib Tehsildar, Mishrikh, District Sitapur to suspend the mutation proceedings, till disposal of the Second Appeal. 5. Learned Standing Counsel has opposed the writ petition and has submitted that the proceedings before the Naib Tehsildar, are summary proceedings and pertaining to mutation in the revenue records and does Versus Counsel for Petitioner(s) : Ashok Kumar Singh, Ruby Shukla Counsel for Respondent(s) : C.S.C. Shushil Kumar .....Petitioner(s) Naib Tehsildar Mishrikh, Sitapur And Another .....Respondent(s) not exchange for deciding the right and interest of the disputed property. He further submits that there is no doubt that the order passed by the competent jurisdiction in regular proceedings would be binding upon the revenue authorities but unless and until there is restraining order, the Naib Tehsildar, Mishrikh, District Sitapur would be at liberty to proceed in accordance with law. 6. Considering the rival contentions, I find that the application under Section 34 of the U.P. Revenue Code is pending consideration before the Naib Tehsildar, Mishrikh, District Sitapur. The second appeal preferred by the petitioner in 2017 that does not contain any prayer for grant of interim relief. In the event the petitioner seeks to restrain any party or the Naib Tehsildar from proceeding further, he is at liberty to move an appropriate application in the pending second appeal. For the said cause of action the writ petition under Article 226 of the Constitution of India would not be maintainable. 7. Subject to the aforesaid observations, I do not find any ground for interfering in the said matter nor such a direction can be issued considering that the regular proceedings in Second Appeal are pending where the petitioner can approach and press application for interim relief. 8. Subject to the aforesaid observations, the writ petition is hereby dismissed. December 12, 2025 Muk WRIC No. 12107 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench