IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

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ON THE 12 OF JANUARY, 2026 FIRST APPEAL No. 398 of 2016 MUDDASSAR KHAN Versus SMT. GEETA BAI Appearance:

Shri Ankit Saxena - Advocate for the appellant.

ORDER Despite of service on sole respondent, as per office note dated

02.06.2018, nobody has marked presence for the respondent, therefore, the matter is heard finally.

2. The appellant has filed the present appeal under Section 96 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 04.11.2015 passed by the V Additional District Judge, Bhopal in Civil Suit No.435-A/2011, dismissing the suit.

3. In short, the facts of the case are that the appellant has filed a suit for specific performance of agreement dated 02.01.2009 (Ex.P/1) claiming therein that he is owner and in possession of the suit property i.e. House No.39, Pant Nagar, Hinotiya Kachiyana, which is a part of Kh. No. 39/3 and 90/3, PC No. 21 situated Tahsil Huzur, District Bhopal. Total area of the suit house is 15x30=450 sq.f.t.

4. As per the plaint averments, the said suit house has been mortgaged by the respondent/defendant with the UCO Bank for obtaining the lo