( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3461 OF 2010 Nana s/o Kishanrao Thokade PETITIONER VERSUS Prabhakar s/o Ambadas Gosavi RESPONDENT ..... Mr. P.F. Patni, advocate for the petitioner. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 3rd May, 2010] PER COURT : 1. Heard counsel. 2. The petitioner is original defendant. He urged for framing of additional issue regarding internal partition claimed by the respondent with the family members of the latter. The request was rejected by the trial Court. The issue No. 1 pertains to alleged bonafide requirement which is set up by the respondent (plaintiff). It incidentally covers the question pertaining to the internal partition because the case of the respondent is that in the family partition, the suit premises are allotted to his share. He may prove it or ( 2 ) may not prove it during the trial. The petitioner will be at liberty to dispute the alleged plea of partition, if necessary and adequate evidence is tendered by the respondent. No separate issue is required. The petition is dismissed. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/wp3461-2010