[2026:RJ-JP:1241] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20752/2025 1. Smt. Shanti Devi W/o Late Bhagwat Swaroop Jain, R/o Diwanji Ki Haveli, Munshibagh Ka Kuan Alwar. 2. Rajkumar Jain S/o Bhagwat Swaroop Jain, R/o Diwanji Ki Haveli, Munshibagh Ka Kuan Alwar. 3. Samrat Jain S/o Bhagwat Swaroop Jain, R/o Diwanji Ki Haveli, Munshibagh Ka Kuan Alwar. 4. Kuldeep Jain S/o Bhagwat Swaroop Jain, R/o Diwanji Ki Haveli, Munshibagh Ka Kuan Alwar. ----Petitioners Versus 1. Rajendra Kumar Jain S/o Late Bhorelal Adopted S/o Biharilal Jain, R/o Diwanji Ki Haveli, Munshibagh Ka Kuan Alwar Present Address Plot No. 40 Ketan Enclave, Behind Ram Mandir, Jaipur Road, Alwar 2. Sanjay Jain S/o Late Bhagwat Swaroop Jain, R/o Diwanji Ki Haveli, Munshibagh Ka Kuan Alwar(Deceased) ----Respondents For Petitioner(s) : Mr. Mohit Gupta For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 13/01/2026 1. The present writ petition has been filed assailing the order dated 03.02.2025 and 06.10.2025. The order dated 03.02.2025 has been passed by learned Additional Civil Judge No.1, Alwar whereby the learned Trial Court has passed an order to consider Issue No.11(A) as a preliminary issue in regard to the counter claim of the defendant-petitioner. [2026:RJ-JP:1241] (2 of 2) [CW-20752/2025] 2. The order dated 06.10.2025 is an order whereby the learned Trial Court has returned back the counter claim of the defendant- petitioner to be presented before the Court having proper jurisdiction. 3. Learned Counsel for the petitioner, without pressing on merits, submits that the order dated 06.10.2025 is an appealable order for the reason that the counter claim has been returned back to be presented before appropriate Court. Therefore, he prays that he may be permitted to withdraw the present writ petition with liberty to file Civil Miscellaneous Appeal against the order dated 06.10.2025. 5. He further submits that he do not want to press the writ petition in regard to the impugned order dated 03.02.2025 and only seeks liberty to make application before the learned Trial Court for taking up Issue No.5 as a preliminary issue as has been taken in regard to Issue No.11(A). 6. Considering the same, the present Civil Writ Petition is dismissed as withdrawn. The petitioner would be at liberty to challenge the order dated 06.10.2025 by filing a Civil Miscellaneous Appeal. 7. Similarly, the petitioner is at liberty to file application before the learned Trial Court for a relief of deciding Issue No.5 as a preliminary issue. 8. All pending application(s) also stand disposed of. (BIPIN GUPTA),J MAHIMA/2