(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8609 OF 2010 1. Sau. Kamalabai Shivaji Gulve, Age : 52 years, Occupation : Household. 2. Shri Vijay Shivaji Gulve, Age : 24 years, Occupation : Agriculture. 3. Shri Shivaji Shankar Gulve, Age : 62 years, Occupation : Agriculture. All residents of : At Post village Belwadi, Taluka : Lohara, District : Osmanabad. .. Petitioners. versus 1. Shri Tukaram Sopan Shinde, Age : 52 years, Occupation : Agriculture. 2. Shri Gyandeo Sopan Shinde, Age : 62 years, Occupation : Agriculture. 3. Shri Subhash Murlidhar Shinde, Age : 37 years, Occupation : Agriculture. (2) All Residents of : At Post village Belwadi, Taluka : Lohara, District : Osmanabad. 4. The State of Maharashtra, Through the Collector, Osmanabad. 5. The Tahasildar, Lohara, Tahasil office, Lohara. 6. The Talathi, Belwadi, Sajja- Killej, Taluka : Tuljapur. .. Respondents. ....................... Mr. Mukul S. Kulkarni, Advocate, for the petitioners. Mr. S.S. Choudhari, Advocate, for respondent nos.1 to 3. Mr. S.V. Kurundkar, Additional Government Pleader, for respondent nos.4 to 6. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 17TH FEBRUARY 2011 COURT'S ORDER : 1. Heard respective Counsel. 2. Rule. Rule made returnable forthwith. Taken up for (3) final hearing by consent of parties. 3. By consent, the issues as recast on 12-7-2010, in Regular Civil Suit No. 63/2004 by learned Civil Judge (Senior Division), Omerga, are set aside. The trial court is directed to hear parties on prayers in plaint and therafter to find out whether re-framing of issues is required or not. 4. The petition is, thus, partly allowed. Rule made absolute accordingly. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp8609