IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA st ON THE 21 OF JANUARY, 2026 SECOND APPEAL No. 1311 of 2025 SMT JULEKHA AND ANOTHER Versus SHEHJAD KHAN AND ANOTHER Appearance:

Shri Anand V. Bhardwaj, Advocate for the appellant.

Shri Harish Kumar Dixit, Senior Advocate with Shri Nimish Hardeniya, Advocate for respondents.

JUDGMENT This second appeal, under section 100 of CPC, has been filed against the judgment and decree dated 21/3/2025 passed by X District Judge, Gwalior in RCA No. 353/2024, as well as, judgment and decree dated 30/9/2024 passed by XIV Civil Judge, Senior Division, Gwalior in RCSA No.4100035/2013.

2. Appellants are defendants who have lost their case from the Courts below.

3. Facts necessary for disposal of present appeal, in short, are that respondents/plaintiffs filed a suit for declaration of title and permanent injunction pleading inter alia that plaintiffs are owners and in possession of Municipal House No.4/1266 and 4/2453 situated in Chunginaka, Bahodapur, Gwalior. Aforesaid property is the disputed property. It was mentioned that property shown in red colour in the plaint map "A" and property shown in green colour in