W.P.No.1368 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.1368 OF 2011 Baburao Sonawane and others ..Petitioners Versus Asaram s/o Sandu Sonawane and ors. ..Respondents Mr P.F.Patni, Advocate for petitioners Mr P.R.Jadhav, Advocate for respondent No.1, absent Respondents 2 and 3 served CORAM : K.U. CHANDIWAL, J. DATE : 14th December 2011 PER COURT Heard learned Counsel for the writ petitioners. Mr Jadhav for respondent No.1 called, absent. 2. The defendant No.1 moved an application under Order XIV, Rule 5 of Code of Civil Procedure for recasting of issue in R.C.S.No.65 of 2005 before the learned Civil Judge, Junior Division at Kannad. The framing of issue No.5 at Exh.39 dated 13.2.2007, reads as “ Whether defendants prove that the Will deed dated 4.10.1972 is forged and fabricated ?” itself was not permissible and consequently, under the statutory arrangement, it is the plaintiff, who has to discharge the burden to prove the genuineness of documents, and the learned Judge should have framed the issue as under : “Does plaintiffs prove that the Will deed is genuine document, executed by deceased Hariba?” W.P.No.1368 of 2011 2 3. Necessary issue to be framed by the learned Judge by correcting the same at Exh.39 in R.C.S.No.65 of 2005. Writ Petition allowed. No costs. It follows existing issue No.5 to be treated as deleted. ( K.U. CHANDIWAL, J. ) (vvr/1368.11wp)