IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI rd ON THE 3 OF MARCH, 2023 MISC. PETITION No. 278 of 2023 BETWEEN:-

MEERA YADAV W/O LATE RAJENDRA YADAV, AGED ABOUT 56 YEARS, OCCUPATION: HOUSE HOLD WORK H.NO. 2464 SETHI NAGAR NEAR WATER TANK GUPTESHWAR ROAD DISTRICT JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHITOSH PATEL - ADVOCATE)

AND KISHAN LAL KANOJIYA S/O NOT MENTION, AGED ABOUT 55 YEARS, SETHI NAGAR NEAR WATER TANK INFRONT OF WATER TAP GIRJA SHANKAR WARD GUPTESHWAR ROAD POLICE STATION GORAKHPUR DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENT )

This petition coming on for admission this day, the court passed the following:

ORDER

This is a petition assailing the order dated 11.11.2022 (Anneuxre-P/1)

passed by the trial Court in MCA No.63/2022.

Learned counsel for the petitioner/plaintiff contends that the suit has been filed by the plaintiff for declaration and permanent injunction before the Court below along with the application under Order 39 Rule 1 and 2 of CPC. The trial Court vide order dated 24.01.2022 (Annexure-P/6) dismissed the application filed under Order 39 Rule 1 and 2 of CPC. Thereafter,