ORDER :

NUPUR BHATI, J.

1. Though the matters were listed in the fresh category, However on the Joint request of the Counsel for the parties the matters are being heard today itself.

2. These writ petitions have been filed under Article 227 of the Constitution of India with the prayer to set aside the impugned order dated 31.10.2023 (Annex.6) passed by the learned Additional District Judge No.4 Udaipur in Civil Suit Nos. 310/2012 (CIS No. 260/2014) (Dinesh V/s Kishanlal) and 314/2012 (CIS No. 289/2014) (Hema V/s Kishanlal) respectively and to reject the application dated 31.10.2023 (Annex.5) filed by the respondent under Order 8 Rule 1 A (3) CPC. Since the issue involved in both these writ petitions is common, therefore, the writ petitions are being decided by this common order.

3. Brief facts of the case are the petitioner/plaintiff filed a suit (Annex.1) for Specific Performance of Contract and Permanent Injunction against the respondent/defendant wherein it was contended that the land of Araji No. 2314 measuring 0.2800 hectares and Araji No. 2315 measuring 0.2150 hectares, total land measuring 0.4950 hectares situated in Village Dewali Patwar Shobhagpura, Tehsil Girwa, District Udai