IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ALOK AWASTHI MISC. PETITION No. 3758 of 2022 DEEPAK SHARMA Versus SMT. SUNITA SHARMA AND OTHERS Appearance:

Shri Veer Kumar Jain, Sr. Advocate with Shri Vaibhav Jain, Advocate for the petitioner.

Shri Vinay Kumar Zelawat, Sr. Advocate with Shri Aashay Dubey, Advocate for the respondent No.1.

Heard on : 10.10.2025 Pronounced on : 31.10.2025 ORDER This miscellaneous petition has been filed by the petitioner/defendant under Article 227 of the Constitution of India against the order dated t h

17.08.2022 passed in case No.RCSA/43/2014 by the 7 District Judge, Ujjain, whereby the application filed by the petitioner under Order 14 Rule 2(2) of CPC has been rejected for trying the issues as preliminary issues and by the same order, the Court below has decided certain issues as preliminary issues.

2. Facts in short are that respondent No.1/plaintiff filed the suit for declaration, permanent injunction, partition and possession against the petitioner and other respondents. After issuance of summons, the petitioner Signature Not Verified alongwith other respondents filed their written statement, apart from disputing the plai