JUDGMENT :

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?

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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 d