N.V.RAMANA, J. - (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: 'iii. Whether as narrated in para 9 and 12 of the plaint, the plaintiff is entitled to take legal possession and to receive rent of the concerned shops from the defendant Nos. 3 to 5? xxx vi. Whether as narrated in the Majid Ujrat in the written statements, Smt. Kanta Devi and Nikita on becoming Sadhvis after taking Jain Diksha on 17.2.2000 have suffered civil death, thus no sale deed was executed nor could have been executed by them or by their alleged power of attorney holder, thus the suit of the plaintiff is not legally maintainable as being based on unnecessary and non existent documents? xxx viii. Whether as narrated in para 9 of the written statement, this court does not have jurisdiction to hear this suit? xxx ix. Whether this suit is liable to be dismissed as being barred by law and being without any cause of action?'
(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.;