IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI MISCELLANEOUS PETITION No. 6573 of 2025 SHYAMSWAROOP AGRAWAL Versus KESHAV PREMI AND OTHERS -------------------------------------------------------------------------------------------

Appearance:

Shri Ankur Mody - Advocate for the petitioner.

Shri yogesh Singhal- Advocate for respondent no. 1.

Shri Shankar Dayal Mishra- Advocate for respondents no. 3 to 8, 12 and

13.

RESERVED ON: 05/03/2026 ORDER PASSED ON: 17/03/2026 --------------------------------------------------------------------------------------------

O R D E R

Petitioner has filed this misc. petition challenging the order dated

15/5/2024 passed by First Additional Judge to the Court of First Civil Judge, Senior Division, Guna in Civil Suit No.126-A/2018, whereby, learned trial Court refused to take on record the counter claim filed by him. He has also challenged the order dated 16/9/2025 passed by Sixth District Judge, Guna in MCA No.42/2024, whereby, petitioner's appeal filed under Order XLIII Rule 1(a) CPC has been dismissed.

2. To understand the controversy involved in this case, the facts, in short, are that one Brijlal had three sons, Sura