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

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ON THE 20 OF JANUARY, 2026 CIVIL REVISION No. 1274 of 2025 SMT. SEEMA TALREJA AND OTHERS Versus GHANSHYAM DAS SUKHIJA AND OTHERS Appearance:

Shri C.P. Singh - Advocate for applicants.

Respondent No.1 - Ghanshyam Das Sukhija is present in person along with Ms. Khushboo Sukhija - Advocate.

ORDER

1. This civil revision under section 115 of CPC has been filed against the order dated 4/11/2025 passed by 19th Civil Judge Junior Division Gwalior in civil suit No.630A/2016, by which the application filed by the applicants under Order 7 Rule 11 CPC has been rejected.

2. In order to decide this civil revision, it is suffice to mention here that the respondent No.1 Ghanshyam Das Sukhija has filed a suit for cancellation of sale deed as well as for mandatory injunction i.e. for possession after demolishing the construction. Admitted fact is that the plaintiff is not the executant of the sale deed. However, in the suit, a decree for possession in the nature of mandatory injunction, was also sought. Thus, it is clear that although the plaintiff is not the executant of the sale deed but he is also not in posses