ORDER :

Shri H.K. Shukla with Shri D. K. Agrawal, counsel for the applicant.

Shri B. M. Patel, Government Advocate for the respondent No. 1/ State.

Shri N. K. Gupta, Senior Counsel with Shri Pawan Vijaywargiya and Shri

S. D. Singh, counsel for the respondent No. 5. Shri Arman Ali, counsel for the respondent No. 6.

2. This Civil Revision under section 115 of Civil Procedure Code has been filed against the order dated 7-11-2012 passed by Additional Judge to the Court of First Additional District Judge, Sheopur in Civil Suit No. 12B of 2011 (Original Civil Suit No. 4B of 1997), by which the preliminary issues framed by the trial Court have been decided against the applicant.

3. The necessary facts for the disposal of the present revision in short are that the respondents No. 5 to 8/- plaintiffs have filed a suit for recovery of damages to the tune of Rs.12,64,300/-against the applicant and other defendants on the ground that the plaintiffs are the owners and in possession of three-storeyed building situated in Ward No. 13, Near Gandhi Park Golmbar, Sheopurkala. It is also known as “Soma Lodge”. The back portion of said building is used for residential purpose, whereas the remaining portion