1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.10668 OF 2009 M/s.Sahadara and Company ...Petitioner vs. M/s Ramkrishna Resort Pvt.Ltd. ...Respondent Mr.N.R.Bubna for the petitioner Mr.N.V.Walawalkar, Senior Advocate a/w Mr.V.Y.Sanglikar i/b M/s.Divya Shah Associates for the respondent CORAM :A.S.OKA,J. DATE : APRIL 13, 2010 P.C.: 1 By this Writ Petition under Article 227 of the Constitution of India, the petitioner-defendant in a suit filed by the respondent has challenged an order passed by the trial Court below application at Exhibit-125. The prayer made in the application at Exhibit-125 was for framing additional issues. 2 The suit is filed by the respondent for possession on title. Only one issue has been framed in the suit which reads thus: Whether the plaintiff has proved that they have purchased the suit property described in para 1B, 1C and 1A of the plaint ? 3 The draft issues set out in the application at Exhibit-125 read thus : a) Whether the plaintiffs Correction Deed executed during pending hearing of the Suit is legal and valid ? b) Whether the plaintiff is legal owner of the property described in para nos.1(b) and (c) of the suit property, on the basis of the Correction Deed ? c) Whether the defendants possession over 2 the property described in para nos.1(b) and 1(c) is independent and legal possession ? 4 The submission of the learned counsel for the petitioner is that the title as regards the suit property described in paragraphs 1(b) and 1(c) is claimed on the basis of purported Correction Deed which was executed during the pendency of the suit and therefore, a specific issue will have to be framed on the legality and validity of the said correction deed. 5 I have considered the submissions. As the respondent-plaintiff is claiming title on the basis of the Correction Deed, in view of issue which is already framed, the respondent will have to prove the Correction Deed and title which is allegedly conferred on the basis of the correction deed. Therefore, it is not necessary to frame any issue on that point. While deciding the issue which is already framed, the Court will have to decide the issue of legality and validity of the correction deed. As the suit is based on title, the respondent will have to prove the title. The issue of title is implicit in the issue which already framed. Hence, the first two suggested issues are already covered by the issue which is already framed. The petitioner has not claimed any specific title to the suit property. Hence, the third additional issue as suggested cannot be framed. 6 Subject to what is observed above, no case is made out for interference. Writ Petition is rejected. 7 All contentions of the parties on merits are kept open. JUDGE 3