IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH

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ON THE 28 OF JANUARY, 2026 MISC. PETITION No. 3873 of 2025 IQBAL KHAN Versus ZAKIR KHAN AND OTHERS Appearance:

Shri Anuraj Saxena- Advocate for the petitioner.

Shri Prem Singh Bhadouirya with Shri Trishant Mishra- Advocate for respondent Nos.1 to 12.

ORDER The present petition under Article 227 of the Constitution of India has been preferred by the petitioner/defendant No.1 assailing the order dated 14.07.2025 passed in Civil Suit No. 63-A/2024 by the First Civil Judge, Senior Division, Karera, District Shivpuri, whereby the Trial Court struck off the right of the petitioner/defendant No.1 to file written statement.

2. The plaintiffs instituted a civil suit for declaration and permanent injunction in respect of land bearing Survey No. 1506/2 admeasuring 0.023 hectare, wherein a residential house of about 1250 sq. ft. is situated on half of the land and the remaining portion is vacant. After filing of the plaint, the suit was posted for filing of the written statement.

3. During the pendency of the suit, petitioner filed an application under Order 7 Rule 11 of CPC on 14.07.2025 pleading that due to medica