IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT th ON THE 14 OF AUGUST, 2025 MISC. PETITION No. 1348 of 2025 SUJEET SHRIVASTAVA Versus GANGA SAGAR Appearance:

Shri Om Prakash Dwivedi - Advocate for the petitioner.

ORDER Heard on admission.

The present petition under Article 227 of the Constitution of India has been filed by the petitioner against the order dated 22.02.2025 (Annexure P/1) passed in RCSA No.192/2018 by 2nd Civil Judge, Junior Division, District Shahdol; whereby, the application submitted by the petitioner under Order 26 Rule 9 of CPC has been dismissed.

2. It has been submitted by learned counsel for the petitioner that the petitioner submitted an application (Annexure P/5) stating that the concerned Municipality after due inquiry found encroachment over the road and issued notice on 14.02.2020. It is further submitted that the petitioner has also submitted counter claim for declaration of his easementary rights infringed because of the encroachment done by the respondent/plaintiff. Therefore, he has filed an application under Order 26 Rule