1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4240 of 2011 (Shriram s/o Narayanlal Agrawal and another v. Devendra s/o Chandanmal Ajmera) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri V.R. Mundra, Advocate for Petitioners. Coram : R.K. Deshpande, J. Dated : 29 th August, 2011 This petition challenges the order dated 10-8-2011 passed below Exhibit 15 by the learned Civil Judge, Senior Division, Gondia, in Special Civil Suit No.82 of 2007. The Trial Court has rejected the application Exhibit 15 filed by the petitioners/plaintiffs under Order 14, Rule 5 read with Section 115 of the Civil Procedure Code for framing an additional issue. The issue, which the petitioners/plaintiffs wanted the Court to frame is whether the respondent/defendant proves that he acquired the status of a tenant after the death of Todarmal. According to the learned counsel for the petitioners/plaintiffs, the burden is upon the respondent/defendant to establish his status as a tenant over the suit property. If this is the correct position of law, then it is for the respondent/defendant to ask the Trial Court to frame such an issue and the petitioners/plaintiffs cannot raise any objection in respect of it. 2 In view of this, no fault can be found with the order passed by the Trial Court. The petition is, therefore, dismissed. Judge pdl