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

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ON THE 5 OF FEBRUARY, 2026 MISC. PETITION No. 6364 of 2024 SMT UMA DEVI GUPTA Versus SMT. ASHA GUPTA AND OTHERS Appearance:

Shri Prakash Upadhyay-Senior Advocate with Shri Ramnath Dwivedi -

Advocate for the petitioner.

Shri Kapil Rohra- Advocate for respondent No.1.

Shri Mukund Agrawal - Govt. Advocate for the respondents / State.

ORDER The present petition has been filed challenging the order passed by the trial Court dated 26.10.2024, whereby the trial Court has allowed the application for amendment in the plaint filed by the plaintiff.

2. The necessary facts for the purpose of disposal of present petition are that initially a suit had been filed in the year 2014 by the plaintiff on the basis of an agreement to sale dated 16.05.2013 on the ground that the consideration contained in the agreement was Rs.14.35 lakhs out of which 4.05 lakhs had been paid in advance but the defendant No.1 was not willing to execute the sale deed and later on it came to notice of the plaintiff that the agreement is for 1408 sq.ft. of land whereas the title of the defendant No.1 is only on 872 sq.ft. of land and there is