DINESH MEHTA,J. - (1.) By way of the present Writ Petition, petitioner has challenged the order dated 20.07.2016 in Regular Civil Case No.52/2011 passed by the Senior Civil Judge No.6, Jodhpur Metropolitan, Jodhpur (hereinafter referred s 'the Trial Court') whereby the application filed by the petitioners-defendants under Order 14, Rule 5 of the Code of Civil Procedure, 1908 (hereinafter referred as 'the CPC') has been partially allowed.
(2.) The skeleton facts required for deciding the issue involved in the present Writ Petition are that Respondents-Plaintiffs filed a suit for redemption of mortgage/recovery of possession in relation to a property situated at Khandafalsa, Ada Bazar, Jodhpur. It was stated in the plaint that the property in question was mortgaged on 24.01.1950 for a sum of Rs. 6,000/-, by father of the plaintiff and the possession thereof, was handed over to the mortgagee. It was also agreed between the parties that no rent for the property would be paid, while the amount of Rs. 6,000/- would not bear any interest.
(3.) After death of the mortgagor Rughnath, his son, the plaintiff offered the amount and requested to hand over the possession on 30.09.2002. The defendants refused to hand over the same, showing such denial, to be a cause of action, a suit came to be filed by the plaintiff claiming the mortgage to be usufructuary.;