IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI

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ON THE 20 OF NOVEMBER, 2025 MISC. APPEAL No. 4167 of 2023 ANURADHA SHARMA Versus SMT. NEERAJA SHARMA AND OTHERS Appearance:

Shri Naman Nagrath Senior Advocate with Shri Jubin Prasad -

Advocate for the appellant.

Shri Avinash Zargar with Shri Gouransh Bhurrak, learned counsel for the respondents No.1 and 2.

WITH MISC. APPEAL No. 1708 of 2024 ANURADHA SHARMA THROUGH ATTORNEY HOLDER SHRI ARUN KUMAR GUPTA S/O SHRI M.D GUPTA Versus SMT. NEERAJ SHARMA AND OTHERS Appearance:

Shri Naman Nagrath Senior Advocate with Shri Jubin Prasad -

Advocate for the appellant.

Shri Avinash Zargar with Shri Gouransh Bhurrak, learned counsel for the respondents No.1 and 2.

ORDER This order shall govern the disposal of M.A.No.4167/2023 and M.A.No.1708/2024.

The present Misc. Appeal has been preferred invoking provisions of Order 43 Rule 1 (D) of the Code of Civil Procedure, taking exception to the impugned order dated 06/05/2023 (Annexure A/6) passed in MJC no. 523 of 2022 by the Learned VIII th Additional District Judge, Bhopal whereby application for setting aside ex-parte judgment and decree dated 13/02/2012, preferred by the appellant under Order 9 Rule 13 of the Code of Civil Procedure has been dismissed. This application under Order 9 Rule 13 of the Code has been preferred for setting aside the ex-parte judgment and decree dated 13/02/2012, marked as Annexure A-3.

2. The present proceedings have arisen out of Civil Suit No.40 A of

2009 which has been filed seeking relief of partition and possession of the perinatal property. The facts important and necessary for disposal of the present lis are that one Late Shri Anusuiya Prasad Sharma was the head of the family. During his life time, Shri Anusuiya Prasad had performed three marriages. His first wife Smt. Ram Chandri Devi died issueless. The second wife, namely Smt. Sarveshwari Devi (one of the original plaintiffs) has been blessed with one son Suresh (since deceased) surviving with wife Smt. Neeraja & son Gautam (original plaintiffs) and one Daughter Kusum. Third wife Smt. Sushila is blessed with 2 children namely Avdesh Sharma and present appellant Smt. Anuradha Sharma. Smt Sarveshwari Devi, Smt. Neerja and Gautam had instituted a suit bearing no. 40 A of 2009 seeking partition and possession over 2/7 portion of House No.E-4/124, Arera Colony, Bhopal. The suit was instituted on 16/12/2008 wherein, inspite of clear knowledge regarding address of the present appellant (arrayed as defendant no. 4 in the suit) have mentioned wrong address of Bhopal, in the cause title in the array of the parties. The suit reached its destination without the appearance of the present appellant and by the judgment and decree dated 13/02/2012, the suit was decided finally. The suit was decreed in favour of plaintiff. The present appellant, being defendant no. 4 in the suit, remained and declared ex-parte in the suit proceedings.

3. After the successful completion of the suit proceedings, the original plaintiffs have filed an application under Order 20 Rule 18 of the CPC for passing the final decree in furtherance of judgment and decree dated 13/02/2012. In these proceedings also, the present appellant impleaded as non-applicant no. 4, were deliberately shown as resident of Bhopal. It is apt to made here clear that during the pendency of the civil suit itself, an application has been filed by one of the defendants that the present applicant, after marriage, is residing at Hong Kong with her family and the address of Hong Kong has also been mentioned. In MJC 226 of 2012 also the present appellant remained ex-parte being un aware regarding the proceedings and any such judgment and decree dated 13/02/2012. The MJC No. 226 of 2012 was also allowed vide order dated 04/02/2020. When the original plaintiff reached the disputed house and started procedure for taking possession and tried to draw red lines for taking possession of their share then th