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

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ON THE 25 OF MARCH, 2026 MISC. PETITION No. 6043 of 2024 DHANANJAY JADHAV S/O LATE SHRI DEVRAJ JADHAV THROUGH ITS POWER OF ATTORNEY HOLDER CHANDRAJEE RAO SAL Versus JITENDRA SINGH VAISHYA AND OTHERS Appearance:

Shri N.K. Gupta- Senior Advocate assisted by Shri Shatru Daman Singh Bhadouriya- Advocate for petitioner.

Shri Somnath Seth- Advocate for respondents No. 1 to 3 (plaintiffs).

Shri Faiz Ahmed Qureshi- Advocate for Municipal Corporation.

Shri Dileep Awasthi- Govt. Advocate for State.

ORDER This petition under Article 227 of the Constitution of India has been filed challenging the order dated 04.10.2024 (Annexure P-1) passed by the 15th Civil Judge, Senior Division, Gwalior, in RCS No. 695-A of 2021, whereby the application filed by the petitioner under Order 1 Rule 10 of the CPC was rejected.

2. A few facts giving rise to the present petition, as narrated therein, are that the original plaintiff, Smt. Saroj, wife of Shri Jitendra Singh, filed a suit for declaration and permanent injunction, claiming ownership and possession of a house located at Tanki Road, Shivaji Nagar, Aam Kho Brigade, Lashkar, G