IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE JAI KUMAR PILLAI

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ON THE 15 OF OCTOBER, 2025 MISC. PETITION No. 5838 of 2025 RAJNISH SON OF RATANLAL SONI TRHOUGH HIS POWER OF ATTORNEY HOLDER MRS. DURGA Versus SCINDHIYA DEVSTHAN TRUST (REGD) HEAD OFFICE AT JAIVILAS PALAC GWALIOR (M.P.) MANAGER ARPIT JOSHI Appearance:

Shri Sunil Verma - Advocate for the petitioner.

ORDER This Court has carefully considered the material available on record, the impugned orders of the Courts below, and the submissions advanced on behalf of the petitioner.

2. It is observed that on 02.03.2020, the respondent herein had filed a civil suit RCS A No. 69/2021 (old No. RCS A 119/2020) before the Court of II Civil Judge Class-II, Ujjain, seeking eviction and recovery of arrears of rent in respect of a shop situated in the campus of Gopal Mandir, Ujjain against the deceased Shri Ratanlal Soni. The Trial Court, after proceeding ex parte, passed a judgment and decree on 21.06.2022 against Shri Ratanlal Soni in Civil Suit No. 69-A/2021.

3. The petitioner thereafter filed an application under Order IX Rule 13 of the Code of Civil Procedure, 1908, along with an application under Section 5 of t