JUDGMENT :

BIPIN GUPTA, J.

1. The present writ petition has been filed assailing the order dated 15.11.2017, passed by learned Additional Civil Judge-cum- Metropolitan Magistrate, No. 3, Jaipur Metropolitan, Jaipur, in Civil Original Suit No. 782/2013, whereby, an application preferred by the defendants-respondents under Order 14 Rule 2 (2) CPC was partly allowed to the extent of issue pertaining to a disputed wall, being barred by principle of res-judicata.

2. The controversy in a narrow compass is that the plaintiff- petitioner had filed a suit for Perpetual and Mandatory Injunction against the defendants-respondents on account of the fact that the defendants have illegally raised a wall over the common boundary wall and intended to construct a cellar near to the said common boundary wall.

2.1 Controverting the same, a detailed written statement and counter-claim was filed by the defendants-respondents. Thereafter, a rejoinder was also filed by the plaintiff-petitioner. Subsequently, the issues were framed therein vide order dated 10.11.2009 and additional issues were framed vide order dated 31.03.2015.

3. During the stage of plaintiff’s evidence, the defendants- respondents filed an