Hon'ble TRIVEDI, J.—The present writ petition has been filed by the petitioner-plaintiff under Articles 226 & 227 of the Constitution of India, challenging the order dated 26.10.2013 passed by the Additional District Judge No.5, Kota (hereinafter referred to as “the appellate court”) in the Civil Misc. Appeal No.13/2012, whereby the appellate court has allowed the appeal filed by the respondent-defendant, and reversed the order dated 23.06.2012 passed by the learned Civil Judge (Junior Division) Kota (South) (hereinafter referred to as “the trial court”) in misc. application No.200/2012.

2. The short facts giving rise to the present petition are that the petitioner-plaintiff has filed the suit against the respondent-defendant seeking permanent injunction for restraining the defendant from dispossessing the plaintiff from the suit premises being houses No.4-A-20 and 4-A-21 originally belonging to late Dr. Jogendra Prasad Gupta, the brother of the respondent No.1-defendant. According to the petitioner-plaintiff both the houses were given to him by the said late Dr. Jogendra Prasad Gupta in the year 1991 as they had good relations with each other and since then the petitioner w