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

th

ON THE 17 OF MARCH, 2026 MISC. PETITION No. 1168 of 2023 LAXMINARAYAN SHARMA AND OTHERS Versus SMT SARVATI DEVI AND OTHERS Appearance:

Mr. Harshvardan Sharma - Advocate for the petitioners.

Mr. Saurabh Parashar - Advocate for respondents no.1 to 6.

ORDER The present petition has been filed by the petitioners challenging the order dated 13.09.2022 passed by the learned 5th Civil Judge, Junior Division, Morena in RCS-A No.45/2022, whereby their application under Order 7 Rule 11 of the Code of Civil Procedure has been rejected by the learned Trial Court.

2. Respondent No.1 to 6 (hereinafter referred to as the 'plaintiffs') have filed a civil suit seeking declaration of title and permanent injunction against the petitioners and respondent no.7 to 19 in respect of land bearing Survey No.415/2 situated at Village Hingona Khurd, Tehsil and District Morena.

3. Upon service of notice, the petitioners (Defendant No.14 to 18) appeared and filed an application under Order 7 Rule 11 CPC seeking rejection of plaint on the ground that an earlier suit for the same relief, based on the same cause of action, had alr