IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL ON THE 6^th OF FEBRUARY, 2026 SECOND APPEAL No. 296 of 2026 SMT. GYANWATI AND OTHERS Versus ARJUN PATEL AND OTHERS Appearance:

Shri Durgesh Kumar Singrore - Advocate for the appellants. Shri Shakti Prakash Pandey - Advocate for the respondent 1. Shri Rezi Mathai - Panel Lawyer for the State/respondent 3.

ORDER This second appeal has been preferred by the appellants/plaintiffs challenging the judgment and decree dated 28.03.2024 passed by 5th District Judge, Mandla in RCA no.8/2023 reversing the judgment and decree dated 23.12.2022 passed by 3rd Civil Judge Senior Division, Mandla in regular civil suit no.800045/2016 whereby Trial Court decreed the appellants/plaintiffs’ suit filed for declaration of title, for declaring the sale deed null and void and for issuance of permanent injunction, but upon filing civil appeal by the defendant 1-Arjun Patel, First Appellate Court set aside the judgment and decree passed by Trial Court and finding the Trial Court to have no pecuniary jurisdiction, returned the plaint under Order VII Rule 10 CPC for filing the same before the competent Family Court.

2.