1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10463 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 10463 OF 2010 *** 1. Heard Advocate Ms.A.N.Ansari for petitioner, Advocate B.A.Darak for Respondent No.1 and learned A.G.P. for Respondent Nos.2, 4 and 5. 2. Application for framing additional issue, moved by petitioner/ plaintiff has been rejected by trial Court. Contention of learned counsel is, in view of the amendment and relief for mandatory injunction and defence as raised, issue about the proof of donation of suit property to defendants was essential. 3. Advocate Mr. Darak, on the other hand points out that the suit is not based on title. 4. I have perused the impugned order. Relevant aspects are looked into. There is finding recorded that suit is not for declaration of title. The trial Court, 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10463 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. therefore, found that in such suit such an issue does not call for consideration. I do not find any jurisdiction error or perversity. Writ petition is rejected. [B.P.DHARMADHIKARI, J.] Dated:17/01/2011. ans/10463