1 WP 3119/2011 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3119 OF 2011 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Ms. Neeta Karnik for the petitioners. Mr. A. Gole for the respondent. CORAM : D.G. KARNIK, J DATE : 13TH JULY 2011 P.C. : 1. The petition is directed against an order dated 4th October 2010 rejecting the petitioners’ application for framing of a preliminary issue regarding the alleged tenancy of the petitioner and referring it to the Mamlatdar/Tahsildar under section 85 of the Bombay Tenancy and Agricultural Lands Act. 2 WP 3119/2011 2. The petitioner is the original defendant. Though the petitioner has appeared in the suit, he has not yet filed the written statement. Issues are required to be framed under Order 14 of the Code of Civil Procedure only after perusal of the pleadings which include the written statement. Until the written statement is filed, issues are not framed. Since the issues are not framed, there is no question of making any reference to the Tahsildar for his decision on any issue. Similarly there is no question of framing of any issue at this stage as the petitioners’ application under section 9A of the Code of Civil Procedure has already been rejected and that order has become final. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK, J.)