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2024 Supreme(Online)(MP) 11768

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE G. S. AHLUWALIA, J
Bombay Colonizers Consultants Pvt. Ltd. – Appellant
Versus
Vijay Agrawal – Respondent


Advocates:
Avinash Zargar,

ORDER

This petition under Article 227 of Constitution of India has been filed seeking the following reliefs:

“7.1 That this Hon’ble Court may kindly be pleased to issue the appropriate writ and set aside the impugned order dated 22.02.2024 (Annexure P- 1); consequently applications under Order VI Rule 17 (Annexure P-5) and under Order VI Rule

14 (Annexure P-6) may kindly be allowed.

7.2 That any other relief deemed fit, may also kindly be granted.”

2. It is submitted by counsel for petitioners that petitioners have filed a civil suit for permanent injunction. It is submitted that earlier the suit was dismissed and thereafter, it was remanded by First Appellate Court. During the pendency of civil suit after remand, khasra numbers were changed. Accordingly, petitioners filed an application under Order 7 Rule 14 C.P.C. as well as under Order 6 Rule 17 C.P.C. for filing Khasra Panchshala showing the changed khasra numbers as well as for amendment in the plaint thereby bringing new khasra numbers on record. Trial Court by impugned order has rejected the said applications primarily on the ground that applications have been filed belatedly and there appears some discrepancy in the area. It is

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