HIGH COURT OF MADHYA PRADESH BENCH AT INDORE (Mohan Singh Vs. Punibai & Another)

M.P.No.986/2017 INDORE

02.01.2018 Shri Sidharth Jain, learned counsel for the petitioner.

The petitioner has filed the present petition being aggrieved by the order dated 30.10.2017 by which application under Order 13 Rule 10 read with Section 151 of CPC filed by the plaintiff has been allowed.

Facts of the case, in short, are as under:

The respondent No.1/plaintiff filed the suit for declaration, possession and mesne profit against the petitioner. Pleading in the plaint is that respondent No.1 is wife of the petitioner but they are separated. The petitioner had sold her the suit property and put her into the possession but he was cultivating the land on her behalf. Now, when she demanded the possession of the suit property from the petitioner, for her 21 years old son then he refused, therefore, she filed the suit.

The present petitioner filed the written statement denying the allegations made in the plaint and he has also specifically denied the execution of the sale deed dated

29.01.1987.

The plaintiff has obtained the certified copy of the said sale deed from the office of the Sub-Registrar (Stamp) and pro