IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH nd ON THE 2 OF DECEMBER, 2025 MISC. PETITION No. 6773 of 2025 SMT SANTOSHI Versus BHAROSI ADIVASI AND OTHERS Appearance:

Shri Madhur Bhargava - Advocate for petitioner.

Shri Man Singh Jadon - Government Advocate for respondent No.5/State.

ORDER

1. Heard on the question of admission.

2 . The instant miscellaneous petition filed under Article 227 of the Constitution of India challenges the order dated 08.10.2025 passed by the Second Civil Judge, Senior Division, Shivpuri, in RCS-A/122/2023, whereby an application under Order 6 Rule 17 CPC filed by the respondent No.1/plaintiff has been allowed and the respondent No.1 has been permitted to challenge the sale deed dated 27.01.2023.

3. Learned counsel appearing for the petitioner submits that the suit for specific performance was filed by the respondent No.1/plaintiff against the defendant in the year 2023. While deciding the application under Order 39 Rules 1 and 2 CPC vide order dated 30.01.2024, the factum of execution of the sale deed dated 27.01.2023 came to be knowledge of the plaintiff. Yet, the application seeking amendment to challenge the said sale