ORDER :

This petition has been filed by the petitioner against the order dated 14.12.2022 (Annexure P/1) passed by 6th Civil Judge, Class-II, Raipur whereby the application under Order VII Rule 11 of CPC filed by the petitioner/defendant No.3 has been rejected.

2. Brief facts of the case are that respondent No.1/plaintiff filed a civil suit against the defendants for declaration of title and permanent injunction in respect of the land bearing Khasra No.486, area 0.526 hectare, P.H.No.114, R.N.M. Raipur, Tahsil & Distt. Raipur. It was averred that in respect of the said land, compromise has taken place between the plaintiff and the defendants in Civil Suit No.182/2010 before the civil Judge, Aurangabad (Bihar) vide order dated 16.7.2010 which has attained finality for want of any challenge before the higher forum and as such, it is binding on the parties. In compliance of the said decree, the defendants have got their names mutated in respect of their share of the suit property.

As per decree of the year 2010, the petitioner as well as respondent No.1/plaintiff is having their portion of land which is situated at Raipur bearing Khasra No.486 which is divided in four parts, in which nam