IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH

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ON THE 23 OF FEBRUARY, 2026 MISC. APPEAL No. 2283 of 2020 MAHESH KUMAR SHRIVASTAVA AND OTHERS Versus RAMESH KUMAR AND OTHERS Appearance:

Shri N.K. Gupta- Senior Advocate assisted by Shri Shatru Daman Singh Bhadouriyia- Advocate for appellant- defendant No.1.

Shri Ashish Shrivastava- Advocate for respondents No. 1 to 3-

plaintiffs.

ORDER This miscellaneous appeal under Order 43 Rule 1(u) of the Code of Civil Procedure (CPC) has been filed by appellant/defendant No. 1 against the order dated 19th of May, 2020, passed by First Additional District Judge, Bhind (hereinafter referred to as the "First Appellate Court") in Regular Civil Appeal No.53 of 2017, whereby the First Appellate Court allowed an application filed by the plaintiffs under Order 6 Rule 17 of CPC and remanded the matter to the Trial Court (Additional Judge to the Court of First Civil Judge, Class-I, Bhind) for fresh adjudication, whereby the Trial Court, vide judgment and decree dated 31-07-2017 in Civil Suit No. 87-A of 2015, had dismissed the suit on the grounds that the plaintiffs were not in possession and the suit, as framed, was not ma