IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 11 OF SEPTEMBER, 2023 MISCELLANEOUS PETITION No. 3287 of 2021 BETWEEN:-

1. GOVIND MADHAV AGARWAL S/O SHRI RAGHUNATH PRASAD AGARWAL, AGED ABOUT 53 YEARS, RESIDENT OF MATHUR COLONY, GUNA PARGANA, DISTRICT GUNA (MADHYA PRADESH)

2. SMT. LAXMI SONI W/O ANAND SONI SONI COLONY, RESIDENT OF SONI COLONY, GUNA (MADHYA PRADESH)

3. SMT. PUSHPABAI AGARWAL W/O GOPALKRISHNA AGARWAL, AGED ABOUT 59 YEARS, RESIDENT OF VARDHMAN COLONY (MADHYA PRADESH)

.....PETITIONERS (BY SHRI MAHESH GOYAL - ADVOCATE)

AND

1. AJAY KUMAR JAIN S/O LATE SHRI PHOOLCHAND JAIN, AGED ABOUT 65 YEARS, OCCUPATION: ADVOCATE, PRAKASH TALKIES ROAD, GUNA (MADHYA PRADESH)

2. MUKESH RATHORE S/O SHRI HARGOVIND RATHORE, AGED ABOUT 47 YEARS, RESIDENT OF RADHA COLONY GUNA, DISTRICT GUNA (MADHYA PRADESH)

3. SMT. KALPANA AGARWAL W/O LATE RADHESHYAM AGARWAL, RESIDENT OF NICHLA BAZAR, DISTRICT SHIVPURI (MADHYA PRADESH)

4. CHANDRESH POSERIYA S/O AMOLAKCHAND JAIN, RESIDENT OF MANDI PRAGAN, MADAN BADI KE PASS, GUNA (MADHYA PRADESH)

5. PRAMOD GUPTA S/O MAMRAJ GUPTA, RESIDENT Signature Not Verified O F MATHUR COLONY, GUNA (MADHYA PRADESH)

6. SHAILESH GUPTA S/O OM PRAKASH GUPTA RESIDENT OF PREMI COLONY, GUNA PARGANA (MADHYA PRADESH)

7. BHARAT SINGH DHAKAD S/O KANHAIYA LAL DHAKAD, RESIDENT OF DHANKHEDI, TEHSIL GUNA (MADHYA PRADESH)

8. SUNIL SOOD S/O LATE SHRI VEDSAGAR SOOD, RESIDENT OF KAMLA BHAWAN, NAYAPURA, GUNA PARGANA, DISTRICT GUNA (MADHYA PRADESH)

9. ANAND SONI S/O NOT KNOWN, RESIDENT OF SONI COLONY, GUNA (MADHYA PRADESH)

10. SMT. SUSHMA KHAN W/O AYUB KHAN, AGED ABOUT 54 YEARS, RESIDENT OF MATAPURA, FRIENDS COLONY, CANTT. GUNA (MADHYA PRADESH)

11. SATISH PARASHAR S/O MANGAL SINGH PARASHAR, AGED ABOUT 50 YEARS, RESIDENT OF SONI COLONY, GUNA (MADHYA PRADESH)

12. THE STATE OF MADHYA PRADESH THROUGH COLLECTOR GUNA (MADHYA PRADESH)

.....RESPONDENTS (SHRI RISHIKESH BOHARE - ADVOCATE FOR RESPONDENT NO.1)

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

ORDER

The present petition, under Article 227 of the Constitution of India, has been filed against order dated 28.08.2021 passed by First Civil Judge, Class-II, Guna in Civil Suit No.82-A of 2014; whereby, the learned Trial Court had rejected an application under Order 26 Rule 9 of the Code of Civil Procedure, 1908 filed by the petitioners and respondents No.2 to 11/defendants.

Signature Not Verified

2. Brief facts of the case are that respondent No.1/plaintiff had filed a civil suit for declaration and permanent injunction with regard to land bearing Survey No.880/2 Min-04, ad-measuring 0.515 hectares situated at Village Guna, Patwari Halka No.75. The said land was stated to have been acquired by respondent No.1/plaintiff in a family partition and thereupon Tehsildar, Guna vide its Case No.99-A-3/2011-2012 passed an order on 17- 09-2012 and batankan of the aforesaid land was done.

3. Adjoining to the land of respondent No.1/plaintiff on the western side i.e. Survey No.859 land of petitioners/defendants No.9, 11 and 12 is situated, whose boundary also touches the land of the plaintiff's mother Smt. Shanti Devi. Earlier the land bearing Survey No.859 was owned by Vinod sood, Sunil Sood, Anil Sood and Suman Rani Sood and the present petitioners/defendants No.9, 11 and 12 had purchased the said land in portion of different sizes through different sale deeds from them.

4. During the pendency of the civil suit, a prayer for possession was also added by respondent No.1/plaintiff on the ground that during pendency of civil suit, some of the defendants had raised construction forcibly over his land and thus, he preferred a suit for declaration, permanent injunction and mesne profit.

5. The defendants had filed the written statement separately and submitted that the land in dispute has been purchased by them through different registered sale deeds and the land in question at present is a part of land bearing Survey No.859. The respondent No.1/pla