IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 16 OF MARCH, 2026 SECOND APPEAL No. 1 of 2005 DURGA PRASAD Versus SMT. MINTU DEVI AND ANR.

Appearance:

Mr. Mahesh Goyal - Advocate for appellant.

Mr. Ankur Mody - Advocate for respondent No. 1.

JUDGMENT This Second Appeal under Section 100 of CPC has been filed against judgment and decree dated 06/10/2004 passed by Second Additional District Judge (Fast Track), Sheopur in Regular Civil Appeal No. 62A/2004, as well as judgment and decree dated 11/01/2002 passed by Second Civil Judge, Class-I, Sheopurkalan in Civil Suit No. 58A/2000.

2. Appellant is Defendant No. 2 who has lost his case from both the Courts below.

3. The facts necessary for disposal of present appeal, in short, are that respondent No. 1/plaintiff filed a civil suit for permanent injunction pleading inter alia that her husband late Dulichand Saraf and her jeth late Gulabchand were running a joint business and their families were also joint. Late Gulabchand had purchased two plots, i.e., Plot Nos. 17 and 18, from Municipal Council, Sheopur, out of the proceeds of joint family business.

However, on account of family disputes, a