JUDGMENT :

1. Being aggrieved and dissatisfied with the impugned order dated 06.10.2016, passed by the Court of learned Additional District Judge, Fatehpur Shekhawati, District Sikar, in Appeal No. 02/2016, the present writ petition was filed under Article 227 of the Constitution of India with the following prayers:

“1. By issuance of a writ of certiorari or any other appropriate writ, order or direction in the nature thereof, the order dated 6th October 2016 passed by Additional District Judge, Fatehpur Shekhawati, District Sikar, be quashed and set aside and consequently the application filed by the respondent under Section 34 of the Act of 1996 before Additional District Judge, Fatehpur Shekhawati, District Sikar, may also be directed to be dismissed. Further, it may be declared that the court at Fatehpur Shekhawati does not have the jurisdiction to entertain and decide the application under Section 34 of the Act of 1996 filed by the non-petitioner.

2. Any other order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.”

FACTS/BACKGROUND:

2. The brief and necessary facts of the case,