IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI MISC. APPEAL No. 8773 of 2024 VISHNU PARIHAR AND OTHERS Versus DECEASED RUKMANIDEVI @ RUKMADEVI THROUGH LRS.

AMRATA AND OTHERS Appearance:

Shri Sameer Anant Athawale, learned counsel for the appellant.

Shri Sanjay Kumar Sharma, learned counsel for the respondent [R-1]

[LR/S].

Heard on : 27.11.2025 Pronounced on : 02.02.2026 ORDER The present appeal has been filed by the original defendant No.2 and 7 under Order 43 Rule 1 (u) of CPC against the order dated 03.10.2024 passed by First District Judge, Neemuch, District-Neemuch in Regular Civil Appeal No.61/2019 whereby while allowing the appeal the matter was remanded back to the trial court.

2. The facts of the case are that the predecessor of respondent Nos.1 to 4 i.e. Rukmani Devi filed a civil suit for mandatory and permanent injunction and later on, relief of possession was also added in the plaint by way of amendment.

3. The plaintiff purchased a plot vide registered sale-deed dated

07.05.1991 in survey No.1068 of Neemuch. The same was sold by one Zaheer Khan out of survey No.1068 having total area 0.658 Aré out of which 0.006 Aré was sold to t