RAMESH SINGHAL AND ORS. Vs. SUSHMA AND ORS.

JUDGEMENT

(1.) The present writ petition is directed against the order dtd. 29/8/2017 passed by the learned Additional District Judge No.3,Jodhpur Metropolitan, Jodhpur (hereinafter referred to as the 'trial Court') by which the petitioners' application dtd. 26/4/2017 filed under Order XIV Rule 5 of the Code of Civil Procedure hasbeen rejected. The facts apropos the present writ petition are that theplaintiff-respondent No.1 herein, had instituted a suit for permanent injunction and partition. Pursuant to the suit so filed,the petitioners-defendants had filed a written statement and acounter claim. On the basis of pleadings of the parties, the trial Court on 28/7/2014 framed the following issues :-

(2.) After framing of the issues, an application dtd. 26/4/2017 came to be filed by the defendants No.1 and 2-the petitioners herein, interalia contending that the issues framed by the Courtneed to be reframed inasmuch as there is clear admission by the plaintiff in para No.7 of the plaint that she had permitted thedefendants to raise construction on the disputed property. Quaissue No.4, it was contended that not only the plaintiffs even the defendants had agreed that the property in question needs to be partitioned as such there was no requirement of the framing of the issue No.4.