IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE HIRDESH

th

ON THE 6 OF JANUARY, 2026

MISC. PETITION No. 7599 of 2025

HARVEER SINGH RAGHUWANSHI

Versus

SMT. GEETA DEVALIYA

Appearance:

Petitioner- Shri Harveer Singh Raghuwanshi (self) present in person/

defendant.

Shri Arun Katare- Advocate for respondent- plaintiff.

ORDER constructed building (1000 square feet) in favour of respondent, along with possession, to be delivered within two months. Petitioner, aggrieved by ex parte decree, filed application under Order 9 Rule 13 of CPC, which was dismissed due to non-appearance of petitioner under Order 9 Rule 8 of CPC on 24-04-2025 by First Civil Judge, Senior Division, Guna. Thereafter, petitioner filed another application under Order 9 Rule 9 CPC, which was also dismissed on 24-11-2025, in MJC No.92 of 2025 by First Civil Judge, Senior Division, District Guna. Subsequently, petitioner filed Miscellaneous Civil Appeal under Order 41 Rule 1 CPC along with application under Order 41 Rule 5 CPC and Section 151 CPC, which was dismissed by Fifth District Judge, Guna, by the impugned order on ground of non-maintainability.

Petitioner has filed present Miscellaneous Petition under