IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR th ON THE 8 OF SEPTEMBER, 2023 MISC. PETITION No. 5769 of 2022 BETWEEN:-

SMT. ANITA W/O MAHSHCHANDRA AGRAWAL, AGED ABOUT 44 YEARS, OCCUPATION: HOUSEWIFE R/O 1/2 MALHARGANJ INDORE (MADHYA PRADESH)

.....PETITIONER (BY SHRI SUMEET SAMVATSAR - ADVOCATE)

AND

1. MAHESHCHANDRA S/O JAGDISHCHANDRA AGRAWAL, AGED ABOUT 61 YEARS, R/O 1/2 MALHARGANJ INDORE (MADHYA PRADESH)

2. RAJABABU S/O JAGDISHCHANDRA AGRAWAL, AGED ABOUT 59 YEARS, OCCUPATION: BUSINEESS R/O 85 JAGLILA JANKINAGAR INDORE (MADHYA PRADESH)

3. DINESHCHANDRA S/O JAGDISHCHANDRA AGRAWAL, AGED ABOUT 56 YEARS, OCCUPATION: BUSINESS R/O 85 JAGLILA JANKINAGAR INDORE (MADHYA PRADESH)

Signature Not Verified Signed by: PANKAJ

4. SURESHCHANDRA S/O JAGDISHCHANDRA AGRAWAL, AGED ABOUT 54 YEARS, OCCUPATION: BUISNESS R/O 54 AGRAWAL NAGAR INDORE (MADHYA PRADESH)

5. SMT. LAXMIBAI W/O GOPALDAS AGRAWAL, AGED ABOUT 66 YEARS, OCCUPATION: HOUSEWIFE R/O 50 RAJASWAGRAM CHATRIBAGH INDORE (MADHYA PRADESH)

6. SMT. SAVITRIDEVI W/O SHRAWANLAL AGRAWAL, AGED ABOUT 64 YEARS, OCCUPATION: HOUSEWIFE R/O 30 M KHATIWALA TANK INDORE (MADHYA PRADESH)

7. SMT. GAYATRIDEVI W/O RATANLALJI BANSAL, AGED ABOUT 57 YEARS, OCCUPATION: HOUSEWIFE R/O KADABEEN TELI BAKHAL INDORE (MADHYA PRADESH)

8. SMT. SARLADEVI W/O PRAKASHCHANDRA MANGAL, AGED ABOUT 51 YEARS, OCCUPATION: HOUSEWIFE R/O STAION ROAD BAGANA NEEMUCH (MADHYA PRADESH)

9. THE STATE OF MADHYA PRADESH COLLECTOR INDORE (MADHYA PRADESH)

10. SMT. USHADEVI W/O SHRI RAJABABU AGRAWAL, AGED ABOUT 28 YEARS, OCCUPATION: HOUSEWIFE R/O JAGLILA 85 JANKINAGAR INDORE (MADHYA PRADESH)

11. MANISH S/O SHRI RAJABABU AGRAWAL, AGED ABOUT 31 YEARS, Signature Not Verified Signed by: PANKAJ OCCUPATION: BUSINESS R/O 85 JANKINAGAR INDORE (MADHYA PRADESH)

12. ROOPESH S/O SHRI RAJABABU AGRAWAL, AGED ABOUT 29 YEARS, OCCUPATION: BUSINESS R/O 85, JANKINAGAR INDORE (MADHYA PRADESH)

13. SMT. MANISHA W/O SHRI MANISH AGRAWAL, AGED ABOUT 29 YEARS, OCCUPATION: HOUSEWIFE R/O 85, JANKINAGAR INDORE (MADHYA PRADESH)

14. ASHISH S/O SHRI DINESHCHANDRA AGRAWAL, AGED ABOUT 25 YEARS, OCCUPATION: BUSINESS R/O 85 JANKINAGAR INDORE (MADHYA PRADESH)

15. ANOOP S/O SHRI DINESHCHANDRA AGRAWAL, AGED ABOUT 25 YEARS, OCCUPATION: BUSINESS R/O 85, JANKINAGAR INDORE (MADHYA PRADESH)

16. KU. NEHA D/O SHRI DINESHCHANDRA AGRAWAL, AGED ABOUT 21 YEARS, OCCUPATION: HOUSEWIFE R/O 85, JANKINAGAR INDORE (MADHYA PRADESH)

17. SMT. MAMTA W/O SHRI RISHI GARG AGRAWAL, AGED ABOUT 33 YEARS, OCCUPATION: HOUSEWIFE R/O GHANSHYAM VILLA DEMPRELAR NAGAR MATHURA (UTTAR PRADESH)

18. SMT. ANITA W/O SHRI SURESHCHANDRA AGRAWAL, AGED ABOUT 52 YEARS, OCCUPATION:

Signature Not Verified Signed by: PANKAJ HOUSEWIFE R/O 54, JANKINAGAR INDORE (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VISHAL BAHETI – ADVOCATE FOR RESPONDENT NO.1 AND SHRI NILESH AGRAWAL – ADVOCATE FOR RESPONDENT NO.2)

…............................................................................................................

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

ORDER

1] This petition has been filed by the petitioner/defendant No.18 under Article 227 of the Constitution of India against the order dated 10.11.2022, passed in Civil Suit No.44A/2012 by XI District Judge, Indore whereby the application filed by the petitioner/defendant No.18 under Order 11 Rule 12 and 14 of CPC for production of a sale deed has been rejected.

2] In brief, the facts of the case are that the plaintiff/respondent No.1 has filed a suit for declaration, partition, injunction and mesne profit against defendants, as all the parties belong to the same family. In the aforesaid suit, earlier, an application was filed by the plaintiff on 30.11.2011, in which certain documents which were in the possession of defendant No.1 were sought by the plaintiff including a sale deed regarding the land situated at Village Badiakima. In reply to the aforesaid application, the defendant No.1 although admitted the other documents to be in