IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 19 OF JANUARY, 2026 MISC. PETITION No. 6528 of 2025 RAJENDRA KUMAR BEDI Versus VIRENDRA KUMAR BEDI Appearance:

Shri Sunil Kumar Jain - Advocate for the petitioner. Shri Shriniwas Tiwari-Advocate for the respondent.

ORDER The present petition has been filed challenging the order dated

28.10.2025 passed by the Executing Court whereby the Executing Court has rejected an application under Order 26 Rule 9 CPC for appointing local commissioner.

2. A suit was filed by the present petitioner for partition, declaration and separate possession. During pendency of the suit the parties entered into a compromise and application under Order 23 Rule 3 CPC was filed in pursuance to which the trial court prepared compromise decree vide Annexure P/3 dated 28.04.2015.

3. Thereafter, the present petitioner/plaintiff filed an application for execution in terms of Order 21 Rule 32 CPC before the Executing Court stating therein that the respondent has encroached upon a portion of the petitioner/plaintiff which was given to the petitioner/ plaintiff as per the compromise decree and prayer has been made in the said a