IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI th ON THE 19 OF JUNE, 2025 MISC. APPEAL No. 4449 of 2025 SMT. ALKA SHARMA Versus MOHANKUMAR AND OTHERS Appearance:

Shri Chetan Jain, learned counsel for the appellant.

ORDER The appellant / plaintiff has filed this Misc. Appeal under Order 43 Rule 1(u) of Code of Civil Procedure, 1908 being aggrieved by the judgment dated 29.03.2025 passed by learned XI District Judge, Indore in Regular Civil Appeal No.17/2024, whereby the case has been remanded to the learned trial Court in exercise of powers under Order 41 Rule 23A of CPC with a direction to get the land of the plaintiff as well as defendant No.1 Mohankumar demarcated, thereafter, upon receiving the demarcation report, record the evidence and after hearing both the parties, pass fresh judgment.

The brief facts giving rise to this case are that the appellant / plaintiff filed Civil Suit bearing RCS No.19000068A/2014 before the learned trial Court claiming the relief of declaration and permanent injunction in respect of land bearing survey No.188/1/1/1 and 1888/1/1/2, admeasuring area 0.061 hectares situated at Gram Devguradiya, Tehsil and