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. 5484 of 2024 SHARIFUDDIN KHAN Versus RAHEES UDDIN AND OTHERS Appearance:

Shri Piyush Gupta - Advocate for the petitioner.

Shri Ambuj Jain Advocate for the respondent No.1.

ORDER The present petition has been filed challenging the order passed by the trial Court dated 03-05-2024 whereby the trial Court has allowed the application for amendment in the plaint to the extent of permitting the plaintiff to insert the relief of recovery of possession in the original plaint and permitting the pleadings to be inserted in the plaint that during pendency of the suit, the plaintiff has been dispossessed by the defendant.

2. The aforesaid order is challenged on the ground that initially the suit was filed only for declaration and permanent injunction and a counterclaim was filed by the defendant. The original suit was dismissed in terms of Order 9 Rule 8 CPC on 15.3.2018 while the counterclaim continued to proceed before the trial Court and the counterclaim was decreed on 17-09- 2018 holding that the defendant is in actual possession of the suit land but his title wa