Law: Family Courts Act, 1964

Section: 12-A, 14(4)

(Tag Line) Challenge to Cancellation of Old Mutation on Ground of Delay, Lis Pendens, and Procedural Irregularity — Dismissed for Laches and Lack of Merit  Summary  The petitioner challenged Mutation No. 4300 (20.09.2024) seeking restoration of Mutation No. 1693 (29.07.2009), alleging illegal cancellation, lack of notice, and violation of lis pendens. The Court dismissed the petition at the threshold due to inordinate delay (laches of over 1 year 5 months) and held that the petitioner failed to justify delay or establish any legal defect in the impugned proceedings. The Court further found that: The transaction was hit by doctrine of lis pendens due to earlier family litigation. Proper legal procedure, including substituted service, was followed. The petitioner’s conduct lacked equity. Execution of long-standing decrees under the Family Courts Act, 1964 cannot be frustrated by delayed constitutional litigation. ORDER; The petitioner has filed the instant constitutional petition seeking setting aside of Mutation No.4300 dated 20.09.2024 (wrongly written as 20.10.2024) executed in favour of respondent No.7 and restoration of Mutation No.1693 dated 29.07.2009 in her favour with the following prayer:- “Under the above circumstances, it is, therefore, humbly prayed that by accepting instant writ petition, the mutation No. 1693 dated 29.07.2009 may kindly be ordered to be restored and the mutation No.4300 dated 20.10.2024 sanctioned in the name of respondent No.6 may kindly be cancelled in the interest of justice. Further prayed that respondent No.3 to 6 may be directed not to interfere into the lawful possession of petitioners and not to dispossess from her land till the final decision of writ petition. Any other relief, which this Hon’ble Court deems fit may also be granted to the petitioner, in the interest of justice.” At the very inception of hearing, learned counsel for the petitioner has been confronted with the fact that the impugned Mutation was sanctioned on 20.09.2024 whereas this petition has been filed with an inordinate delay of more than 01 Year 05 Months for which no explanation or justification has been…