ORDER :

1. The petitioner in this petition is aggrieved of an order dated 30.01.2017 passed by the 1st Additional District Judge, Jammu (herein referred to as Trial Judge) in Civil Original Suit No. 61/2006 titled Kewal Krishan Kohli vs. Deepak Kohli and has thus, approached this court invoking the powers of superintendence vested in this Court by virtue of provisions of Section 104 of the Constitution of J&K.

2. Briefly stated, the facts of the case are that plaintiffs Kewal Krishan Kohli, his mother Shanti Devi Kohli and minor daughter Vaishali Kohli filed a civil suit against the petitioner seeking partition of the suit property by meets and bounds in consonance with last will executed by their ancestor Late Jagdish Raj Kohli on 21.08.1995 and probated after his demise before the court of District Judge, Jammu vide order dated 13.02.1999. It was inter-alia claimed by the plaintiffs aforementioned that Late Sh. Jagdish Raj Kohli had bequeathed his all immovable properties in favour of his legal heirs in the manner given in the Will Deed dated 21.08.1995. Since the properties were not in possession of legatees in the manner it was provided in the Will and therefore, with a view to d