ORDER :

1. The present applicant is the original defendant No.18 in Regular Civil Suit No.22/2023 which is pending in the Court of 5th Joint Civil Judge (Junior Division), Aurangabad i.e. the learned trial Court. The applicant has challenged the order dated 18.08.2023 passed by the learned trial Court below Exh.20 in the aforesaid civil suit whereby the learned trial Court has rejected the application filed by present applicant under Order VII Rule 11 of the Code of Civil Procedure (for short, “C.P.C.”) for rejection of plaint.

2. The background facts are as under :

Present respondent Nos.1 to 6 are the original plaintiffs in R.C.S. No. 22/2023 and they have filed the said suit for partition, separate possession, declaration and injunction. The plaintiffs have claimed relief of partition in respect of the suit property i.e. land Gut No. 145 admeasuring 2 H 61 R situated at village Mitmita, Taluka and District Aurangabad amongst themselves only and not against any of the defendants. Further, they have claimed relief of declaration in respect of in all 22 sale deeds of the suit land being sham and illegal documents and not binding upon them. According to them, the four sale deeds dated