Bela M. Trivedi, J.

In view of the order dated 5th May, 2011, the writ petition is finally heard at orders stage with the consent of the parties.

2. The present writ petition has been filed under Article 227 of the Constitution of India challenging the order dated 07.04.2011 passed by the learned Civil Judge (Sr. Division) Hanumangarh, (hereinafter referred to as the 'trial court') in Civil Suit No.13/2009, whereby the issue No.3 has been decided by the trial court in favour of the respondent No.9 (original plaintiff) and against the petitioner (original defendant No.9).

3. The short facts giving rise to the present petition are that the present respondent No.9 (original plaintiff) has filed the suit against the respondent Nos. 1 to 8 and the petitioner (original defendants) seeking mandatory and permanent injunction in respect of the land in question. The said suit has been contested by the petitioner-defendant No.9 by contending inter alia that the suit was not maintainable before the civil court in view of the provisions contained in the Rajasthan Land Revenue Act. The Trial court framed certain issues from the pleadings of the parties. Thereafter, the petitioner- defenda