IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI st ON THE 21 OF JANUARY, 2026 MISC. APPEAL No. 208 of 2025 ANIL KUMAR S/O BASANTILAL SOGANI DECEASED THROUGH LRS SMT MADHU AND OTHERS Versus PIYASH AND OTHERS Appearance:

Shri Atishay Dhaker - Advocate for the appellant.

Shri Anuj Bhargava - Advocate for respondents No. and 2.

Reserved on : 01.12.2025 Pronounced on : 21.01.2026.

JUDGMENT The present appeal under Order 43 Rule 1(u) of the Civil Procedure Code has been filed challenging the judgment and order dated 12.11.2024 whereby the matter was remanded back to the trial Court with the directions as contained in para 33 of the impugned judgment.

2. The short facts of the case are that the present appeal has been filed by the appellant/defendant No.1 who faced challenge in the civil suit filed by respondents No. 1 and 2 for declaration of title and permanent injunction against the appellant/defendant No.1 with respect to land situated at Survey No. 70/1/1/Min 1 admeasuring 0.024 hec. (50 x 50 sq.ft.) total 2500 sq. ft. of Patwari Halka No. 74 in village Tajpura, Tehsil Mahidpur, District Ujjain. It was stated in the plaint that the suit proper