(1.) This petition under Article 227 of the Constitution of India has been filed assailing the order dtd. 9/9/2022 (Annexure P/6) passed in RCS A No.21/2021 by the First Civil Judge, Junior Division, Nasrullaganj, District Sehore whereby application under Sec. 10 of C.P.C. has been dismissed.
(2.) Learned counsel for the petitioners submitted that the respondent No.1 has filed the suit for declaration, injunction in respect of declaring gift deed 7/11/2020 to be void and further prayed for injunction pursuant to gift deed dtd. 7/11/2020. 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.