1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 556 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 556 OF 2011 *** 1. Heard. Respondent had filed suit for permanent injunction and for declaration of ownership. In it, issues about his title and possession are already framed. Vide issue No.2 burden is upon him to prove that because of partition decree in R.C.S. No.54 of 1998 suit land came to share of defendant NO.5. He has also to show that defendant No.5 sold suit land to him by sale deed dated 18th May, 2002. The issue NO.5 requiring defendants to prove that there was only family arrangement and there was no partition and property is still joint, is also framed. The petitioner/ defendant then wanted an additional issue to be framed and the additional issue sought by him require plaintiff to prove that partition took place between defendant Nos.1 to 4. By second additional issue, he wanted to contend that the decree in R.C.S. No.54 of 1998 and 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 556 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. sale deed dated 18th May, 2002 are not binding on them. 2. A cursory perusal is apparent that issues as sought are already covered by issues framed. The trial Court has appreciated the controversy correctly. There is no jurisdictional error or perversity. Petition is rejected. No costs. [B.P.DHARMADHIKARI, J.] Dated:25/01/2011. ans/556