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

nd

ON THE 2 OF FEBRUARY, 2026 MISC. PETITION No. 1982 of 2025 AHILYABAI AND OTHERS Versus SHAILENDRA SINGH AND OTHERS Appearance:

Shri Sarvesh Kumar Sharma - Advocate for petitioners.

Shri Rinkesh Goyal- Govt. Advocate for respondent No.6/ State.

None for the rest of respondents despite notice.

ORDER The instant miscellaneous petition under Article 227 of the Constitution of India has been filed by the petitioners (plaintiffs) challenging the order dated 22.03.2025 passed by the Third Civil Judge, Junior Division, Mungawali, District Ashok Nagar (the "Trial Court") in Regular Civil Suit No. 68-A of 2023, whereby the application filed by the petitioners under Order 26 Rule 9 of the Code of Civil Procedure (CPC) was rejected.

2. A few facts giving rise to the present petition, as narrated therein, are that petitioners plaintiffs, filed a civil suit against the respondents (defendants) seeking a declaration of title and a permanent injunction in respect of disputed land, which is located in Survey Number 305, measuring 1.494 hectares, situated in Village Khajuria, Pargana Bahadurpur, District Ashok Nagar. The