IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI

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ON THE 20 OF JANUARY, 2026 SECOND APPEAL No. 2021 of 2025 KAMIL Versus ABDUL SALAAM SHEIKH Appearance:

Shri Amit Dube, learned counsel for the appellant.

Shri Ramesh Yadav, learned counsel for the respondent.

ORDER The present appeal is by the defendant against the concurrent findings of two Courts as recorded vide judgment and decree dated 28.2.2025 passed in RCA No.14/2022 affirming the judgment and decree dated 31.10.2022 passed in RCS No.34/2017.

2. The suit was filed by the respondent for claiming easementary rights, permanent injunction and mandatory injunction. It was averred in the plaint that the plaintiff is a permanent resident of Jawad, who is presently residing in Mumbai and occasionally comes to Jawad. The defendant is the son of daughter of Abdul Raheem. he is running a Hotel in Momin Mohalla, Jawad. It was further averred that the appellant is owner and title holder as well as in possession of a shop situated in Ward No.9. The said shop was purchased by his father from one Anwar Baig vide registered sale deed dated 21.4.1969. It was stated in the plaint that according to the s