1. The petitioner by way of filing this writ petition is claiming for the following relief’s :-

“(i) by an appropriate writ, order or direction, the impugned order dated 06.10.2016 (Annex.11) passed by the learned Civil Judge, District Jodhpur in Civil Appeal (Decree) No. 42/2015 (Shrikishan Vs. Smt. Saroj Saini) may kindly be set aside and consequence thereof the application under Order 6 Rule 17 CPC filed by the plaintiff-respondents may kindly be rejected with costs.

(ii) Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioner.”

2. The facts as noticed by this Court are that the respondent-plaintiffs filed a suit for permanent injunction (prohibitory injunction) against the petitioner-defendant and claimed additional relief pertaining to possession of the premises in-question. The plaintiffs and defendant are brother and sisters and the plaintiff claimed in his plaint that the disputed plot no. 168 was given on licence to Smt. Kishanpyari on 29.4.1982 by the UIT and Smt. Kishanpyari sold the said property to Smt. Suraj Kanwar W/o. Shri Manohar Lal, who was mother of plaintiffs and the defe