1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.9119/2005. M/s.Jagdish Prasad Dwarka Prasad. VERSUS The Addl.District Judge (FT) No.2, Sawai Madhopur & Ors. 30.03.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Rajneesh Gupta, for the petitioner. ***** Heard learned counsel for the petitioner and perused the impugned order. The petitioner in this writ petition has challenged the impugned order dated 19.10.2005 (Annexure-5) by which the application submitted by the petitioner under Order 14 Rule 2 C.P.C. for deciding certain issues as preliminary issues has been rejected. The issues which the petitioner-defendant wants to be decided as preliminary issues were framed subsequently at the instance of the defendant. Having gone through the impugned order and having considered the submissions of the learned counsel for the petitioner, I find that the learned trial court has held the said issues to be mixed questions of fact and law which have not been disputed nor have the issues been filed before this court in this writ petition. I am further of the view that the impugned order does not call for any interference in the writ jurisdiction inasmuch as no prejudice will be caused to 2 the petitioner in case all the issues are decided together at the conclusion of the trial including the issues No.8 and 9. Consequently, the writ petition as well as the stay application are accordingly dismissed. The interim order dated 30.11.2005 stands vacated. (DALIP SINGH),J. Solanki DS, Jr.P.A.sssss