Land Mutation done whereas the Partition Suit is still sub-judice
This is the matter of land dispute on the ancestral property.
The matter of partition suit was sub-judice before District Civil Court since 2011. In between the 2nd party produced a panchnama dated 15.12.2012 on 03.09.2013, certified by village head exclusively settled between 1st party and 2nd party (without having consent of the legal hires) before district civil court. Whereas, one of the legal hires of 1st party (elder son & POA holder for taking care of legal matters of partition suit) already filed an intervening petition before district civil count on 21.11.2012 stating the very old age of 1st party i.e. 95 years and his ill health for the suspicious and wrongful activity of 2nd party for acquiring the disputed land. The 1st party demised on 22.01.2013.
In the panchnama, it was stated that its implementation was subject to judgement order by district civil court in line with the panchnama. The matter is still sub-judice and judgement order has yet to be given by the district civil court. In the mean while it has come to our notice that the 2nd party executed the mutation of the disputed land from circle officer of the Block without having the physical possession of the disputed land and without serving the notice to the legal hires of the 1st party.
Request your advice along with the act/rule number under the court of law in the matter (1) if the aforesaid mutation is invalid/valid, (2) if this deed of 2nd party be considered as illegal activity/contempt of civil court of the district, and (3) process to get the mutation cancelled.