JUDGMENT

Ashok Bhushan, J.

The appellant, who was plaintiff in Civil Suit No.4 of 2011, has filed this appeal questioning the judgment of the High Court of Judicature for Rajasthan at Jodhpur dated 23.01.2017 by which writ petition filed by the appellant against the order dated 03.03.2015 of the Additional District Judge has been dismissed.

2. Brief facts of the case which are necessary to be noted for deciding this appeal are:

We shall refer the parties as described in the plaint. Plaintiff and respondent are real brothers being sons of late Devi Dutt Ji Verma. Plaintiff's case is that his father Devi Dutt Verma on 25.10.1992 decided to divide his self-acquired movable and immovable properties between plaintiff and defendant. The late father, however, did not execute any settlement deed. Devi Dutt Verma died on 10.09.1993 and thereafter on 09.09.1994 plaintiff and defendant recorded a memorandum of settlement as decided by their father regarding his self-acquired properties. The memorandum of settlement was signed by mother of the parties as well two sisters had signed as witnesses. According to memorandum of settlement both residential house as well as shop in the Aguna Bazar were di