IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK JAIN

th

ON THE 13 OF JANUARY, 2026

CIVIL REVISION No. 7 of 2026

COL NISHANT SHUKLA

Versus

TEK SINGH KOSHTA AND OTHERS

Appearance:

Shri Shivendra Pandey - Advocate for the petitioner.

ORDER Jabalpur.

The present petition has been filed challenging the order Annexure P/1

dated 10.11.2025 whereby the Executing Court has rejected the application

for stay filed by the present petitioner/ judgment debtor.

2. There is a decree for cancellation of sale deed and possession

against the deceased father of the petitioner who expired on 09.06.2015. It is argued by the counsel for the petitioner that though the information of death of deceased father of the petitioner who was defendant No. 2 in the suit was given to the Court and even the Court issued notices to the proposed legal representatives but without carrying out actual substitution of legal representatives, the Court passed a decree against a dead person namely Ravi Prasad Shukla on 22.11.2022. It is argued that when the petitioner came to know of the said decree passed ex-parte then he has filed an application under Order 9 Rule 13 CPC for setting aside the ex-parte decre