IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ALOK AWASTHI

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ON THE 17 OF DECEMBER, 2025 MISC. PETITION No. 3295 of 2025 MR. BALA PALASE AND OTHERS Versus MR. MAHESHCHANDRA AND OTHERS Appearance:

Shri Nipun Choudhary - Advocate for the petitioners.

Shri C.S. Sharma, learned counsel for the respondent No.1.

Shri Vinod Thakur - P.L. for respondent No.2/State.

ORDER This petition under Article 227 of the Constitution of India has been preferred by the petitioners No.1 & 2/defendants being aggrieved by the order dated 25.4.2025 passed by the Civil Judge, Class II in RCSA 122/2024 whereby an application under Order 26 Rule 9 filed by the plaintiff /

respondent was allowed by the learned trial Court.

Facts of the case are that the plaintiff in the suit had filed an application to the Tehsilar for demarcation of the illegal construction measuring 2 x 23 fts on the disputed land, but the same was denied as the land was situated in the Nazul area. When plaintiff submitted an application to the Nagar Palika Nigam for demarcation of the land, they too refused to demarcate it stating that the demarcation of the disputed building is not done by their department. However, a