IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 25 OF NOVEMBER, 2025 SECOND APPEAL No. 439 of 2009 GOPIBAI Versus NATHULAL AND OTHERS Appearance:

Shri Santosh Agrawal - Advocate for appellant.

Shri Pawan Vijaywargiya - Advocate for respondent No.1.

State- G.K. Agrawal - G.A. for respondent No.2/State.

ORDER (1) This second appeal has been filed against the judgment and decree dated 9/7/2009 passed by District Judge Sheopur in Civil Appeal No.37A/2007, by which the judgment and decree dated 31/10/2007 passed by Civil Judge Class 1, Sheopur, in civil suit No.174A/2003 was set aside.

(2) Appellant is the plaintiff who lost her suit, but suffered a decree in a counterclaim filed by defendant No.1. Counterclaim was allowed by Trial Court, and it was held that defendant Nos. 1 and 2 have half share each in the disputed property. Defendant No. 2 Ganeshlal had entered into compromise with appellant, therefore, the Trial Court held that appellant is the owner of half of the disputed property by virtue of compromise. However, the Appellate Court held that compromise with defendant No. 2 Ganeshlal was not in accordance with law, therefore, it was