JUDGMENT :

1. By this petition, the petitioner challenges the order dated 8th August, 2022 passed in Civil Miscellaneous Application No.8 of 2021 rejecting the petitioner’s application filed under Section 11 and Order-VII, Rule 11of the Code of Civil Procedure, 1908.

2. Learned Counsel for respondent No.1 has tendered list of dates and events, which has not been disputed by the learned counsel for Petitioner, from which the following facts are discerned:

The property in question are lands bearing Survey No. 26/8+9+10 admeasuring 80-R and Survey No. 31/2/8 admeasuring 70- R. The said property was originally owned by one Pandu Piraji Lonkar. After his demise, the property devolved upon his five sons, namely, Ganpat, Shripatrao, Bahiroba, Maruti and Rambhau. Maruti instituted Regular Civil Suit No.19 of 1911 for partition of the ancestral property in which, a preliminary decree was drawn. After the death of Rambhau, the property devolved upon his daughters i.e Shantabai and Anjanabai Damdhere. In the final decree application in Regular Civil Suit No 19 of 1911, compromise terms came to be executed and 3/5th share was given to the daughters of Rambhau. In the year 1987, the daughters of R