IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 20 OF FEBRUARY, 2026 MISC. PETITION No. 1089 of 2026 ANAND MOHAN AND OTHERS Versus RAJESH ANVEKAR AND OTHERS Appearance:

Shri Hemant Kumar Namdeo - Advocate for the petitioners.

ORDER The present petitioner has been filed challenging the order dated 05-

12-2025 passed by the appellate court, whereby the Appellate court has rejected the application of the petitioner under Order 44 Rule 1 C.P.C. to sue as indigent person.

2. There is a decree of specific performance of contract against the present petitioner in relation to an agreement to sale stated to be executed in year 2013. That agreement has a recital of payment of consideration of Rs.

30.00 lakhs as against the agreed consideration of Rs. 33.00 lakhs.

2. Learned counsel for the petitioners has vehemently argued that the appellate court has not considered the position that there is a recital of transaction of huge amount of cash in the agreement in question, which has to be looked upon with suspicion and it could not be inferred that the petitioners had received this much amount of money in the year 2013 so as to infer that they are having