USHA Vs. SHAHJAD BI

JUDGEMENT

(1.) Leave granted. Being aggrieved by the order dtd. 11/10/2018 passed by the Madhya Pradesh High Court, Indore Bench in case W.P. No.7924/2016, by which the order of the Trial Court dtd. 20/10/2016 passed on an application filed under Sec. 10 read with Sec. 151 of the Code of Civil Procedure, 1908 (for short "CPC") was allowed and the said order being affirmed by the High Court, the appellants have preferred this appeal.

(2.) It is noted from the Office Report that the respondents, particularly the contesting respondent No.6 herein, has been served but there is no representation on behalf of the said respondent. In these circumstances we have heard learned counsel for the appellants only.

(3.) Briefly stated, the facts are that respondent No.6 has filed Civil Suit No.15A/2011 seeking, inter alia, a declaration that the sale deed dtd. 12/12/2008, which is stated to have been allegedly executed by him, is null and void. During the pendency of the said suit, the appellants herein filed Civil Suit No. 158A/2013 seeking eviction of respondent No.6 (plaintiff) in the aforesaid suit as well as other tenants.