IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE HIRDESH

th

ON THE 9 OF JANUARY, 2026 MISC. PETITION No. 63 of 2026

KOSHA DHAKAD

Versus

BAIJNATH SHUKLA

Appearance:

Shri Mahesh Goyal - Advocate for petitioner.

ORDER sold the land to the defendant/petitioner through a registered sale deed dated 15.03.2023. The plaintiff contended that on 01.07.2023, the defendant was digging the land to lay a foundation and attempted to encroach upon land that was not part of the property purchased by plaintiff. The plaintiff further alleged that the defendant raised construction on the disputed land and sought for declaration, permanent injunction, and possession of the land as shown in the map attached to the plaint. In response, the petitioner denied the allegations and denied that the plot of land was sold to Dinesh Kumar Sharma and Rajendra Prasad Sharma. Instead, the petitioner claimed that the plaintiff had sold two separate plots of 25x45 feet each, one to the petitioner (through sale deed dated 15.03.2023) and the other to Pappan Yadav. The trial Court had dismissed an earlier application filed by plaintiff under Order 26 Rule 9 of CPC on 26th April 2024, and the petitioner's