1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2046/07 Anant Prakash Sharma vs. Shankuntala Sharma & Anr. Date of order : 12/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Dr. Mahesh Sharma for the petitioner. ****** Heard learned counsel for the petitioner. The petitioner has challenged the order dated 5.1.2007 whereby his application filed for deletion of issue no.2 and for framing of new issues has been rejected by the trial court. Learned counsel for the petitioner has argued that issue no.2 was illegally framed as no such issue arose out of the pleadings of parties inasmuch as an additional issue was required to be framed as to whether the 12 feet wide way towards eastern side of the land of the plaintiff 2 was being used by the defendant even prior to the time when the plaintiff constructed the house. So far as the issue no.2 is concerned, learned trial court rejected the application by holding that such issue was framed on account of the assertion made by the plaintiff in para 4.5 and its denial by the defendant in para 4 of the written statement. For additional issue suggested by the defendant, issue no.5 substantially cover the issue sought to be raised which inter alia is to the effect whether the way was existing towards the eastern side of the house of the plaintiff which goes up to the varanda of the defendant and which has been obstructed by plaintiff by constructing the wall. The issue no.5 which is already framed substantially thus covers the dispute and the point that has been urged by the plaintiff are only matter of evidence. The 3 findings which may be recorded by the trial court on the basis of evidence would obviously be based on the basis of evidence laid by the parties either side. I therefore do not find any error in the order passed by the trial court. The writ petition is dismissed. (MOHAMMAD RAFIQ), J. RS/