1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4423 OF 2008 Shantabai Maruti Birajdar .. PETITIONER VERSUS Dagdu Malappa Birajdar & others .. RESPONDENTS Mr. N.V. Gaware, Advocate for the petitioner. Mr. T.M Yenjane, Advocate holding for Mr. K.A. Kadam, Advocate for respondent nos. 1A to 1D. Mr. V.D. Gunale, Advocate for respondent no. 3. ===== CORAM : R. M. BORDE, J. DATE : 15th December, 2009 PER COURT : 1 An interlocutory order passed by the trial court rejecting application tendered by the petitioner / original plaintiff for recasting of issues is subject matter of challenge in this petition. 2 Plaintiff instituted suit claiming partition and separate possession of the suit property. It transpires that during the continuance of suit there is 2 transaction between defendant nos. 1 and 2 and between defendant nos. 2 and 3 in respect of the suit property. Plaintiff wants the court to frame issue in respect of legal necessity for alienating the estate by the defendants. Application was presented by the plaintiff after completion of recording of evidence of the parties. The trial court was justified in rejecting the application. Apart from this, alienation in question is during continuance of the suit and the same will have its own effect. The parties may urge before the trial court in respect of effect of alienation during continuance of the suit and, any specific issue in that regard is not necessary to be framed and specially at the stage when recording of evidence is already over. There is no substance in the petition. Petition therefore stands rejected. 3 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp4423.08.odt