SMT. ABHILASHA KUMARI, J. Rule. Mr. Chinmay Gandhi, learned Counsel for the respondent waives service of notice of Rule on behalf of the respondent.

2. This petition has been filed under Art. 227 of the Constitution of India with a prayer to issue a writ of certiorari or an appropriate writ or order, quashing and setting aside order dated 1-8-2009 rendered by the learned District Judge, Patan in Misc. Civil Appeal No. 8 of 2004 whereby the appeal filed by the petitioner against the order of the learned Civil Judge (J.D.), Patan, dated 20-1-2004, in Regular Civil Suit No. 138 of 1992, has been dismissed.

3. Briefly stated, the facts of the case are that the petitioner (original defendant in the suit) and the respondent (original plaintiff) are real brothers. The respondent filed Regular Civil Suit No. 138 of 1992 in the trial Court against the petitioner and others, for partition of the suit land, bearing Survey Nos. 1479 and 1482, situated at village Aghar, Taluka and District, Patan, on the ground that he is entitled to 1/9th share in the said land. Along with the plaint, the respondent filed an application for grant of temporary injunction, being Exh. 5. After hearing the r