IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 4 OF FEBRUARY, 2026 SECOND APPEAL No. 326 of 2004 HARI SHANKAR SHARMA Versus RAJU @ RAJENDRA KUMAR Appearance:

Shri Anand V. Bhardwaj, Advocate for appellant.

Shri P.C.Chandil, Advocate for respondent.

JUDGMENT This second appeal, under section 100 of CPC, has been filed against the judgment and decree dated 28/4/2004 passed by VIII Additional District Judge, Gwalior in Civil Appeal No.66A/2003 by which the judgment and decree dated 30/10/2003 passed by IX Civil Judge Class I, Gwalior in Civil Suit No.56A/02 was set aside and suit filed by appellant for eviction of respondent was dismissed.

2. Heard on IA Nos. 2084/2007 and 3662/2014.

3. These are applications for striking out the defence of defendant/respondent.

4. A detailed reply has been filed by the respondent pointing out that there is no default in payment of rent.

5. After going through the reply, it has also been admitted by counsel for appellant that there is no default in payment of rent.

6. Accordingly IA Nos. 2084/2007 and 3662/2014 are hereby rejected.

7. Since the controversy revolves in a very narrow compass, therefore, it is n