1. - Aggrieved by the order dated 12.04.2010, passed by the Civil Judge (Sr. Division), Neem-Ka-Thana, District Sikar, whereby the learned Civil Judge has dismissed the petitioner's application for cross-examination of the defendant No.1. (the respondent No.2, before this Court), the petitioner has challenged the same before this Court.

2. The brief facts of the case are that the petitioner had filed a civil suit wherein the petitioner had alleged that on a land measuring 63'6" X 46'6", upon which the petitioner had constructed a house, there existed a corner which was the joint property between the petitioner and the defendants-respondents Nos.2 to 5. About forty years ago the piece of land was divided between the petitioner and the respondents. Certain portion of the land fell in the petitioner's share. However, the respondent Nos.2 to 5 wanted to encroach upon the land and wanted to break the platform (Chabutra) and the construction made thereon. Therefore, the petitioner filed a civil suit for permanent injunction.

3. The respondent Nos.2 to 5 submitted their written statement and denied the averments made in the plaint. According to them, the land on the southern part b