IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT ON THE 25^th OF JULY, 2025 MISC. APPEAL No. 5431 of 2025 ARVIND SINGH Versus SMT CHANDRAWATI DEVI AND OTHERS Appearance:

Shri Vinod Kumar Dhakad - Advocate for appellant.

Shri Sanjay Agrawal - Senior Advocate with Shri Arpit Agrawal-

Advocate for respondent Nos 1 to 4 & 7.

ORDER With the consent of parties, the matter is heard finally.

The present appeal has been filed by the appellant challenging the order dated 14-05-2024 passed by 2nd District Judge, Niwadi District Tikamgarh whereby the application submitted by the appellant/plaintiff under Order 39 Rule 1 and 2 of CPC dated 16-01-2025 has been rejected.

2. Short facts giving rise to the present appeal are that the suit has been filed by the appellant/plaintiff for specific performance of the agreement to sale dated 25-04-2024 of the land of Survey No. 33/1/1 area 2.136 hectares and Survey No. 34/1 area 1.328 hectares situated at village Bhojpura Tahsil- Orchha District- Niwadi. Out of that land, part admeasuring area 300x320 =9600 Sq.fts has been disputed and whi