IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA st ON THE 1 OF NOVEMBER, 2023 MISC. PETITION No. 6266 of 2023 BETWEEN:-

JAGDISH CHANDRA S/O PRABHULAL RATANWAT, AGED ABOUT 63 YEARS, OCCUPATION: ADVOCATE R/O ROAD NO. 3 KALAKHET GAUTAM NAGAR MANDSAUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI YASH PAL RATHORE, ADVOCATE)

AND

1. RADHABAI D/O CHHAGANLAL W/O RAMESHCHANDRA, AGED ABOUT 40 YEARS, OCCUPATION: HOUSEWIFE R/O VILLAGE RANAYRA TEHSIL MALHARGARH DISTT.

MANDSAUR (MADHYA PRADESH)

2. RAJKUMAR S/O TIRATHDAS KOTWANI, AGED ABOUT 50 YEARS, OCCUPATION: BUSINESS 10 KOTWANI NIVAS PARAKH COLONY MANDSAUR DIST. MANDSAUR (MADHYA PRADESH)

3. RAMKUMAR S/O TIRATHDAS KOTWANI, AGED ABOUT 40 YEARS, OCCUPATION: BUSINESS 10 KOTWANI NIVAS PARAKH COLONY MANDSAUR DIST. MANDSAUR (MADHYA PRADESH)

4. RAMESHWAR DEAD NAME DELETED S/O CHHAGANLAL NOT MENTION (MADHYA PRADESH)

5. PUSHPABAI W/O RAMESHWAR, AGED ABOUT 42 YEARS, OCCUPATION: LABOUR ROAD NO. 3 KALAKHET GAUTAM NAGAR JAGDISHCHANDRA RATNAWAT HOUSE MANDSAUR (MADHYA PRADESH)

6. ASHOK @ NARU S/O RAMESHWAR, AGED ABOUT

22 YEARS, OCCUPATION: LABOUR ROAD NO. 3 Signature Not Verified KALAKHET GAUTAM NAGAR JAGDISHCHANDRA RATNAWAT HOUSE MANDSAUR (MADHYA PRADESH)

7. MANOJ S/O RAMESHWAR, AGED ABOUT 20 YEARS, OCCUPATION: LABOUR ROAD NO. 3 KALAKHET GAUTAM NAGAR JAGDISHCHANDRA RATNAWAT HOUSE MANDSAUR (MADHYA PRADESH)

8. BHUPENDRA S/O GANPATLAL SONI, AGED ABOUT

35 YEARS, OCCUPATION: BUSINESS PARASMANI JEWELERS, NEAR HOTEL NEEMLAM GAUTAM NAGAR MANDSAUR (MADHYA PRADESH)

9. MANOJ S/O BANSHILAL DHOBI SANKHLA, AGED ABOUT 32 YEARS, OCCUPATION: MONEY LENDER OPPOSITE JATOS TEMPLE NAYAPURA ROAD MANDSAUR (MADHYA PRADESH)

10. NAGAR PALIKA PARISHAD MANDSAUR THROUGH CHIEF EXECUTIVE OFFICER NAGAR PALIKA PARISHAD MANDSAUR MANDSAUR (MADHYA PRADESH)

11. JASSUBHAI S/O HEMANTDAS KHEMANI, AGED ABOUT 50 YEARS, OCCUPATION: BUSINESS PROPRIETOR NEW ROYAL OPTICIAN ROAD NO. 3 GAUTAM NAGAR MANDSAUR (MADHYA PRADESH)

12. RAMSUKH S/O BHAIYALAL SONI, AGED ABOUT 61 YEARS, OCCUPATION: BUSINESS 309 ASHOK MARG MANDSAUR (MADHYA PRADESH)

13. ANIL S/O BASANTILAL JAIN, AGED ABOUT 44 YEARS, OCCUPATION: BUSINESS 6 JANAKPURA MANDSAUR (MADHYA PRADESH)

14. SMT. MEENU W/O BHUPENDRA, AGED ABOUT 34 YEARS, OCCUPATION: HOUSEWIFE 2 GAUTAM NAGAR MANDSAUR (MADHYA PRADESH)

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

Signature Not Verified

ORDER

Petitioner has filed this present petition challenging the order dated

08.08.2023 whereby the learned Court has rejected an application filed under Order 14 Rule 5 of the CPC for framing the additional issue in respect of the ownership and title of the plaintiff - Radhabai.

02. Learned Court has rejected the application by observing that the issue no.1 is already framed to decide the title of the plaintiff and therefore the proposed issue shall be considered while deciding the issue no.1. Therefore, the purpose of filing of an application under Order 14 Rule 5 of the CPC has been served. The Court has considered the application and held that proposed issue is contained in the issue no.1. The ground on which plaintiff is challenging the title and ground on which the defendants are disputing the title may be different but the Court shall record the finding on issue no.1 whether plaintiff is the owner or not. No case for interference is made out.

03 Accordingly, the misc. petition stands dismissed.

(VIVEK RUSIA)

JUDGE VS Signature Not Verified