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

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ON THE 18 OF NOVEMBER, 2025 SECOND APPEAL No. 1660 of 2005 INKISAR MOHAMMAD (DEAD) THR. LRS.

Versus SHAHNA BEE AND OTHERS Appearance:

Mr. Rohit Bansal - Advocate for appellant.

Mr. Deepak Shrivastava - Advocate for respondents.

JUDGMENT This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 19/07/2005 passed by Second Additional District Judge (Fast Track Court) Mungaoli, District Guna, in Civil Appeal No. 1A/2003 as well as judgment and decree dated 04/02/2002 passed by Civil Judge, Class-I, Mungaoli, District Guna, in Civil Suit No. 6A/1999.

2. Appellant is the plaintiff who has lost his case from both the Courts below.

3. It is not out of place to mention here that earlier this case was sent for mediation and the mediator has submitted his report that the mediation has failed.

4. The facts necessary for disposal of present appeal, in short, are that plaintiff Inkisar Mohammad filed a suit for declaration of title and permanent injunction on the ground that Natik Mohammad was the resident of Chanderi who expired in the intervening night of 23rd and 24th o