ORDER :

1. Grievance of the defendant No. 1 (petitioner herein) arises out of an order dated 20.04.2023 (Annex.11) passed by the learned Additional District Judge-06, Jodhpur (trial Court) in Civil Suit No.58/2012 (Ajay Singh Vs. Hari Singh & Ors.), vide which learned trial court dismissed petitioner’s two applications i.e. one under Order II Rule 2 CPC r/w Order VII Rule 11 CPC for dismissal of the suit and the second under Section 10 CPC r/w Section 151 CPC for staying the further proceedings of said subsequent suit filed by the plaintiff.

2. Relevant facts, shorn of unnecessary details, are as under:

2.1. Dispute between parties pertains to the immovable suit property situated at Jalam Vilas, Paota, Jodhpur. It is stated that the suit property belonged to Late Maharaja Shri Guman Singh. In the year 1971 a Civil Suit for partition qua suit property was filed, which was disposed of vide Judgment & Decree dated 20.04.1976. According to the said decree, an area measuring 22,808 Sq.Mtrs. & built up structure was given to Smt. Jawahar Kanwar W/o Maharaja Shri Guman Singh.

2.2. Thereafter, on 19.09.1989 Smt. Jawahar Kanwar divided the said property i.e. the area measuring 22,808 Sq.Mtrs. &