ORDER

1. This civil revision has been preferred by the petitioner/defendant 1 challenging the order dtd. 19.7.2023 passed by 3rd Civil Judge Junior Division, Katni in RCSA No.218/2021 whereby defendant 1’s application under Order 7 Rule 11 CPC has been dismissed.

2. Learned counsel for the petitioner submits that the plaintiffs/ respondents 1-2 being encroachers on the land, an order of dispossession was passed on 23.2.2021 by Tahsildar Katni under section 248 of the MP Land Revenue Code, 1959 (in short ‘the Code’), against which an appeal was preferred by the plaintiffs before SDO, which was also dismissed on 23.9.2021, but during pendency of this appeal itself, the plaintiffs instituted instant suit on 27.7.2021 even without waiting for decision of revenue first appeal. He submits that the order passed by SDO was also challenged by plaintiffs before Additional Commissioner by filing revenue second appeal, which was dismissed on 28.10.2021 as not maintainable and W.P. No. 24685/2021 filed against which, was not entertained due to filing of civil suit and was disposed off on 15.11.2021 by the High Court and taking benefit of this order passed by High Court observing therein to pursu