JUDGMENT Dinesh Mehta, J. - The present writ petition is directed against the order dated 29.08.2017 passed by the learned Additional District Judge No.3, Jodhpur Metropolitan, Jodhpur (hereinafter referred to as the 'trial Court') by which the petitioners' application dated 26.04.2017 filed under Order XIV, Rule 5 of the Code of Civil Procedure has been rejected. 2. The facts apropos the present writ petition are that the plaintiff-respondent No.1 herein, had instituted a suit for permanent injunction and partition. Pursuant to the suit so filed, the petitioners-defendants had filed a written statement and a counter claim. 3. On the basis of pleadings of the parties, the trial Court on 28.07.2014 framed the following issues : ^^1- vk;k okn ds iSjk la[;k 2 esa of.kZr prqFkZ lhekvksa okyh fookfnr tk;nkn fxj/kj fuokl i{kdkj okfnuh o Áfroknhx.k dh la;qDr LokfeRo o vkf/kiR; dh vfoHkkftr tk;nkn gS blesa okfnuh dk 1@3 fgLlk gS\-----------okfnuh 2- vk;k Áfroknh fookfnr tk;nkn dk caVokjk dj rFkk okfnuh dks 1@3 fgLlk nsus ls bUdkj dj jgs gS\-----------okfnuh 3- vk;k Áfroknhx.k fookfnr tk;nkn ls okfnuh dks csn[ky djus o mlds gd vf/kdkj ls oafpr djus ij vkeknk gS ftldk mUgsa dksbZ vf/kdkj ugha gS\-----------okfnuh 4- vk;k Áfroknhx.k la[;k 1 o 2 dkm.Vj Dyse ds iSjk la[;k 1 esa of.kZr tk;nkn dks foHkktu djokdj gd fgLlk ÁkIr djus ds vf/kdkjh gS\-----------Áfroknh la[;k 1 ,oa 2 5- vk;k Áfroknh la[;k 4 ,oa 5 us fookfnr tk;knkn esa viuk gd fgLlk Áfroknh la[;k 2 ds gd esa rdZ dj fn;k gS\-----------Áfroknh la[;k 1 ,oa 2 6- vuqrks"k\** 4. After framing of the issues, an application dated 26.04.2017 came to be filed by the defendants No.1 & 2-the petitioners herein, interalia contending that the issues framed by the Court need to be re-framed inasmuch as there is clear admission by the plaintiff in para No.7 of the plaint that she had permitted the defendants to raise construction on the disputed property. Qua issue No.4, it was contended that not only the plaintiffs even the defendants had agreed that the property in question needs to be partitioned as such there was no requirement of the framing of the issue No.4. 5. While seeking deletion of issues No.3 & 4, Mr. Maloo contended that remaining issues framed by the trial Court are not sufficient to adjudicate the question and dispute existing between the parties. 6. Mr. 5. While seeking deletion of issues No.3 & 4, Mr. Maloo contended that remaining issues framed by the trial Court are not sufficient to adjudicate the question and dispute existing between the parties. 6. Mr. Maloo took the Court through the pleadings of the parties to satisfy that the issues proposed by him vide his application under Order XIV, Rule 5 of the Code of Civil Procedure deserves to framed. 7. Learned counsel for the respondents fairly agrees that the trial Court has committed an error in passing the order dated 29.08.2017 and rejecting the petitioners' application under Order XIV, Rule 5 of the Code of Civil Procedure for framing of the additional issues and deleting some of them. 8. Having perused the material available on record, the pleadings of the parties and application under Order XIV, Rule 5 of the Code of Civil Procedure dated 26.04.2017 filed by the petitioners and in view of the consent of learned counsel for the respondents, the application is allowed. 9. Trial Court is directed to frame the following issues : vk;k tokcnkos ds in la[;k 10 esa of.kZr rF;ksa vuqlkj okfnuh }kjk vkaf'kd lEifr;ksa ds caVokjk ckcr ÁLrqr ;g okn dkfcy fujLr ds gSA vk;k okfnuh us oknxzLr tk;nkn ds vius dfFkr LokfeRo gd vf/kdkjksa ckcr ?kks"k.kk o dCtk ÁkfIr dk fof/kor okn ÁLrqr fd;s vkSj bl ckcr vuqrks"k pkgs cxSj] ftl Lo:i esa dsoy fu"ks/kkKk dk ;g okn is'k fd;k gS] og dkfcy fujLr ds gSA vk;k okfnuh }kjk i;kZIr dksVZ Qhl vnk dh x;h gSA 10. As regards issues No.3 & 4, it is held that they are unnecessary as the contentions in this regard have already been admitted by the parties in their pleadings and all the parties are ad idem that the property deserves to be partitioned. The writ petition stands allowed, as indicated above.