ROSE LIFE PROJECTS PVT. LTD. Vs. RAKESH AGRAWAL

JUDGEMENT

(1.) This Misc. Petition under Article 227 of the Constitution of India has been preferred against the impugned order dtd. 30/07/2025 (Annex.-P/1) passed in RCS-A/240/2025 (Old No. MJC 37/2024) by III Additional District Judge, Mhow (Dr. Ambedkar Nagar), District Indore (M.P.), whereby an application filed by the petitioner / plaintiff under Order VIII Rule 1 of Code of Civil Procedure, 1908 (hereinafter for short referred as, 'CPC'), has been dismissed.

(2.) Brief facts of the case are that Civil Suit i.e. RCS- A/240/2024 (Rose-Life Projects Pvt. Ltd. Vs. Rakesh Agrawal & Others) was filed before III Additional District Judge, Mhow (Dr. Ambedkar Nagar), District Indore (M.P.) on 01/04/2024 for declaring the sale deed dtd. 30/03/2021 as null and void and alternatively for the recovery of balance sale consideration and also for the relief of injunction and possession of the suit property against the respondent No.1 on 27/11/2024.

(3.) Learned counsel for the petitioner / plaintiff taking exception to the impugned order submits that in the order dtd. 30/07/2025, learned Trial Court has deliberately and willingly given perverse finding as under: