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

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ON THE 28 OF JANUARY, 2026 MISC. PETITION No. 4932 of 2025 SMT. ANITA Versus BRIJKISHOR AND OTHERS Appearance:

Shri Naveen Dubey - Advocate for the petitioner.

Shri Pramod Kumar Thakre-Advocate for the respondents.

ORDER The present petition has been filed challenging the order dated

28.07.2025 (Annexure P/1) passed by the appellate court whereby the appellate court has rejected the order passed by the trial court dated 22.02.2025. The trial Court had allowed application for temporary injunction as against plot No. 148 which has now been vacated by the lower appellate court.

2. A suit has been filed by the petitioner for partition against the defendants who are the brothers and sisters of the plaintiff who are six in number. Therefore, along with the plaintiff, there are seven co-sharers in the property even as per the plaint assertion.

3. The petitioner had filed an application under Order 39 Rule 1 CPC stating that the defendants have started construction on plot No. 148 and unless there is a partition by metes and bounds, which is required to be carried out and any previous partition has to be pro