The petitioner has filed the present petition under Article 227 of the Constitution of India challenging order dated 13.05.2023 (Annexure P/10) passed in Civil Suit No.RCS/19-A/2015 by learned 1st Civil Judge, Senior Division, Neemuch, District Neemuch (M.P.), whereby an application filed under Order 23 Rule 3 of Code of Civil Procedure, 1908 (herein after referred to as the Code) has been dismissed.

2. The plaintiff filed a suit for declaration and permanent injunction in respect of various properties / agriculture lands. The defendant also filed a counter claim claiming the similar relief. During pendency of the suit, plaintiff No.1 expired and the parties entered into a compromise that a decree be passed in terms of the earlier partition and that the earlier partition be made absolute.

3. Learned Civil Court has dismissed the application on the ground that this relief of partition has not been claimed in the suit and there are other legal heirs of Durgadevi, who are not party in this suit, therefore, the application is not liable to be accepted.

4. Learned counsel for the petitioners submits that Durgadevi is a daughter of Vishnu Prasad who expired during the pendency of the s