ORDER

This miscellaneous petition has been preferred by the petitioners/defendants challenging the order dtd. 07.08.2023 passed by 1^st Civil Judge Junior Division, Satna in RCS No.42A/2014 whereby in the suit simplicitor for permanent injunction, trial Court has dismissed petitioners/defendants’ application under Section 45 of the Indian Evidence Act, 1872.

2. In a suit for permanent injunction, the respondents/plaintiffs have prayed for permanent injunction against the defendants claiming themselves to be in possession of shop no. 5 & 6 of Keerti Bazar, Semariya Chowk, Satna and in turn the petitioners/defendants by filing separate written statements claimed themselves to be in possession of shop no. 5,6,7 and 8 of Keerti Bazar, Semariya Chowk, Satna on the premise of Memorandam of Understanding (in short “the MOU”) dtd. 28.04.1995 (Annexure P/4).

3. Learned counsel for the petitioners submits that earlier the matter came before this Court and finding the MOU dtd. 28.04.1995 (Annexure P/4) to be a relevant and necessary document, a coordinate Bench of this Court vide order dtd. 24.02.2021 passed in W.P. No.11848/2017, permitted the petitioners to lead secondary evidence in respect of