1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.6780/2010 Tukaram Sadashiv Choudhari Age 69 years, Occ-Agril R/o Bamkheda, Tq. Shahada, Dist.Nandurbar. .. PETITIONER [DEFENDANT] VERSUS 1] Gopal Aniruddha Kulkarni Age 36 years, Occ-Agril and Service. 2] Ganesh Anirudh Kulkarni Age 29 years, Occ-Business 3] Shakuntala w/o Anirudh Kulkarni Age 57 years, Occ-Household .. Respondents 1 to 3 are original plaintiffs] 4] Anirudh Dattatraya Kulkarni Age 62 yrs, Occ-Priest .. Orig.Deft.No.3 All r/o Jalgun, Tq. Pansemal Dist.Badwani, State of Madhyapradesh. 5] The Tahsildar, Shahada Tq. Shahada, Dist.Nandurbar. .. Deft.No.2. .. RESPONDENTS .... Shri Milind Patil,Adv.for Petr. .... CORAM : A.A.SAYED,J. DATE : 09/12/2010. 2 PER COURT : 1] Heard the learned counsel for the petitioner. None appears on behalf of respondents though served. 2] The controversy is in respect of recasting of the issues. By order dated 22/9/2009, the Civil Judge, Senior Division, Shahada, has partly allowed the application of the petitioner/orig.respondents to recast the issues. 3] Since none is present on behalf of respondents, it is not possible to fully appreciate the matter in the controversy. However, in view of the fact that petitioner is now restricting the issues only to the Additional Issue Nos.1 and 3, I am inclined to remand back the matter to the trial Court for considering afresh whether these 2 additional issues are required to be added or not, without being influenced by the impugned order. 4] In that view of the matter, the trial Court is directed to consider whether the Additional Issues No.1 and 3 are necessary to be added in the issues already framed. 5] With the aforesaid directions, Writ Petition is disposed of. (A.A.SAYED,J.) umg/wp6780-10