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2025 Supreme(Online)(MP) 1465

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE DUPPALA VENKATA RAMANA, J
Smt. Vijaya – Appellant
Versus
Khasgi (Devi Ahilya Bai Holkar Charities) Trust Manik Bagh Indore – Respondent


Advocates:
Shri Vishal Baheti, learned Senior Advocate assisted by Shri Nipun Soni, learned counsel for the petitioners. Shri Abhinav Malhotra, learned counsel for respondent No.1.

ORDER

The present Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 has been preferred by petitioners / defendants No.1 and 2 being aggrieved by order dated 24.11.2021 in Civil Suit No.940-A/2019 passed by learned 7th Civil Judge, Junior Division, Indore, whereby their application under Order VII Rule 11 of the Civil Procedure Code, 1908 for rejection of the plaint has been rejected / dismissed.

02. The aforesaid impugned order dated 24.11.2021 has been challenged on the following factual backdrop that the learned Court below has erred in exercising its jurisdiction, which rendered plaint liable to be rejected as per specific bar contained in Sections 32, 36(1)(a) and 47 of the Madhya Pradesh Public Trusts Act, 1951 .

03. Originally, respondent No.1 – herein / plaintiff (Khasgi Devi Ahilya Bai Holkar Charities Trust) Thru. Rajendra Joshi instituted a suit before learned 7th Civil Judge, Junior Division, Indore bearing Civil Suit No.940- A/2019 seeking for permanent injunction restraining the defendants from causing any disturbance or interference in the right, title and possession of the plaintiff and further relief of delivery of vacant possession of t

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