ORDER

1. This petition has been filed by the petitioner/defendant No.4 under section 115 of Code of Civil Procedure, 1908 against the order dated 6.9.2022, passed by the learned Additional District Judge, Badnawar, District-Dhar (M.P.) in Civil suit No.RCS-A/39/2019, whereby the application under Order VII rule 11 r/w section 151 of the Code of Civil Procedure, 1908 has been rejected, except with regard to the valuation and Court fees.

2. In brief, the facts of the case are that the respondents/plaintiffs filed a civil suit for declaration, injunction and possession in respect of the agricultural lands situated at Village Kherwas, District-Dhar. In the aforesaid suit, an application under Order VII rule 11 was filed by the petitioner/defendant No.4 on the ground that the issues raised by the plaintiffs in the suit has already been decided by the Writ Court in W.P. No.15202/2018 dated 24.10.2018 wherein, this Court had also given an option to the plaintiffs to file a civil suit and after the counsel appearing for the plaintiffs in the said writ petition gave up his right to file a civil suit, the Writ Court has proceeded further and decided the matter on merits. Thus, it is submitted