1 WP-9819.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9819 OF 2011 M/s. R C Construction Company : Petitioner versus Mrs.Hazra Joeb Mantry and ors. : Respondents. Mr.Sanjay Jain with Hemant Raythattha i/by RMG Law Associates for the Petitioner. Mr. S U Kamdar, Senior Advocate with Ms. Pooja i/by Mehul Shah for Respondent No.1 CORAM : R M SAVANT, J. DATE : 22nd November 2011 P.C. 1 The above Petition takes exception to the order dated 12/10/2011 passed by the learned Judge, City Civil Court, Greater Mumbai by which order the applications filed by the Plaintiff and Defendants for deleting and recasting of Issue No.2 of the issues framed are dismissed. The said application was for deleting Issue No.2 and recasting of the same in terms of the application. On consideration of the pleadings of the parties, the trial Court has observed that recasting of Issue as sought by the Petitioner cannot be allowed in view of the fact that the Issues are sought to be recast in a negative manner, which is not permissible. 2 WP-9819.11.sxw 2 Having heard the learned counsel for the parties at some length and after considering the pleadings and the issues already framed, in my view, no fault can be found with the impugned order of the trial Court. No case for interdiction in the writ jurisdiction of this Court under Article 227 of the Constitution of India is therefore made out. The above Writ Petition is accordingly dismissed. [R.M.SAVANT, J]