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

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ON THE 18 OF NOVEMBER, 2025 MISC. APPEAL No. 2636 of 2015 SHRI LAXMI NARAYAN Versus SHRI BHAGWANDAS (DEAD) THR. LRS. ANGAD (DEAD) THR. LRS.

MUNNI BAI AND OTHERS Appearance:

Shri Aarish Hyder - Advocate for the appellant.

Shri Sanjay Kumar Tiwari, learned counsel for the respondents.

ORDER The present Misc. Appeal has been preferred at the instance of the original applicant before the learned Trial Court. By filing the present Misc. Appeal under the provisions of Section 43 Rule 1(ja) of the Code of Civil Procedure, a challenge has been made to the order dated 24/09/2015 passed by the Additional Civil Judge, Kotma, in the Court of Civil Judge Class-I, Kotma, District Anuppur, in Civil Suit No. 02/2014, whereby the application under Order 21 Rule 106 of the Code of Civil Procedure has been dismissed.

2. The facts of the case are that one Rameshwar Prasad Agrawal (original plaintiff) had preferred Civil Suit No. 14-A/1983 against Bhagwandas Sonkar seeking a decree of eviction and mesne profits in respect of the tenancy premises owned by him. The suit was contested by the parties and was ultimately d