SANTOSH KUMAR Vs. ASHOK CHAND AND ORS.

JUDGEMENT

(1.) The instant appeal, by way of special leave, is directed against order dated 15.03.2010 passed by the High Court of Judicature for Rajasthan at Jodhpur in Civil Writ Petition No. 6517 of 2009 whereby the High Court allowed the writ petition filed by the respondent nos. 1 and 2 herein, and directed the Trial Court to decide certain issues as preliminary legal issues.

(2.) A conspectus of the facts necessary for the disposal of the appeal are as follows: the appellant herein filed a civil suit against the respondents in the year 2007 seeking, inter alia, possession of the disputed property and a declaration that he is the owner of the disputed property. The Trial Court, vide order dated 22.04.2008, framed as many as eleven issues, of which we are concerned currently with the four issues extracted below:

(3.) Thereafter, the respondents filed an application under Order XIV Rule 2, Code of Civil Procedure before the Trial Court seeking that the above issues be decided as preliminary questions of law. On 19.05.2009, the Trial Court rejected the application of the respondents on the ground that the issues raise mixed questions of fact and law, and therefore require the parties to lead evidence before the same can be decided.