IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH th ON THE 9 OF SEPTEMBER, 2025 MISC. PETITION No. 3930 of 2025 BHANU Versus VIJAY GARG AND OTHERS Appearance:

Shri Aditya Dixit- learned Counsel for petitioner.

Shri Dinesh Kumar Agrawal- learned Counsel for respondent No.1. Shri Prabhat Pateriya- learned Government Advocate for respondent No.4/ State.

ORDER By way of this misc. petition under Article 227 of the Constitution of India, the petitioner- defendant No.3 therein, has challenged the order dated 1st of July, 2025 passed by 17th District Judge- District Gwalior (hereinafter it would be referred to as '' first appellate Court'') in Misc. Civil Appeal No.185 of 2024 whereby the first appellate Court allowed the misc. civil appeal filed by plaintiff- respondent No.1 herein, under Order 43 Rule 1 of CPC by reversing the order dated 27th of August, 2024 passed by 10th Civil Judge, Senior Division, Gwalior (in short '' the Trial Court'') in Regular Civil Suit No.618-A of 2014, by which the application filed by respondent No.1 under Order 39 Rule 1 and 2 read with Section 151 of CPC was Signature Not Verified Signed by: MAHENDRA rejected.

A few facts n