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Judgment
Sushrut Arvind Dharmadhikari, J
This petition under Article 227 of the Constitution of India has been filed assailing the order dated 09.09.2022 (Annexure P/6) passed in RCS A No.21/2021 by the First Civil Judge, Junior Division, Nasrullaganj, District Sehore whereby application under Section 10 of C.P.C. has been dismissed.
Learned counsel for the petitioners submitted that the respondent No.1 has filed the suit for declaration, injunction in respect of declaring gift deed 07.11.2020 to be void and further prayed for injunction pursuant to gift deed dated 07.11.2020. He further submitted that similar injunction and partition suit bearing No.115-A/2015 is pending in respect of the same property. However, without considering the aspect, the learned trial Court has rejected the application.
On perusal of the impugned order, it is seen that the learned trial Court has rejected the application on the ground that the parties are different and the relief is also different, therefore, the application is not maintainable.
Heard the learned counsel for the petitioners.
On perusal of the provision of Section 10 as well as the finding given by the trial Court, this Court finds that the learned trial Court has not committed any error on the face of the record to so as interfere with the order.
Accordingly, this petition being bereft of merit and substance is hereby dismissed at the admission stage itself.