IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE HIRDESH

ON THE 5^th OF JANUARY, 2026

MISC. PETITION No. 6328 of 2025

KAMLESH JAIN AND OTHERS

Versus

BHURELAL JAIN AND OTHERS

Appearance:

Shri Nirmal Sharma - learned Counsel for petitioners.

ORDER construction was raised by their predecessor and that they were in actual possession for several decades.

Present miscellaneous petition under Article 227 of Constitution of India has

been filed by petitioners being dissatisfied with order dated 05.08.2025 passed by District Judge, Mehgaon, District Bhind in Regular Civil Appeal No.42 of 2023, whereby application filed by petitioners under Order 41 Rule 5 of Code of Civil Procedure was partly allowed. By said order, execution of decree relating to possession was stayed, whereas execution of decree relating to mesne profits was not stayed, arising out of judgment and decree passed in RCS No. 58-A of 2014 by Second Civil Judge, Senior Division, Mehgaon, District Bhind in favour of plaintiff–respondent

No.1.

2. Brief facts of case are that respondent No.1 filed a civil suit for declaration,

possession and mesne profits in respect of shops situated on land bearing survey Nos. 1035 and