1 wp11126.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 11126 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. P.B. Patil, Advocate for the petitioner. Mr. Pushkar Shendurnikar, Advocate for respondent. 1. Petitioner-defendant makes a grievance that earlier application for recasting issues was rejected and little later, the same request has been granted by the impugned order. 2. I heard Advocates Mr. P.B. Patil for petitioner- defendant and Mr. Pushkar Shendurnikar for respondent- plaintiff. 3. Perusal of the impugned order shows that the Court of Civil Judge, Junior Division, Chalisgaon has recast issues as under :- 4(a): Whether gratuitous licensee of the defendant is terminated vide notice dated 01.09.2003 ? 2 wp11126.10 4(b) Whether the defendant is entitled to retain the possession of the suit property ? 4. The original issue which is sought to be deleted is issue no.2 and it read thus: Does plaintiff prove that he let out the suit house to defendant on friendly relation ? 5. During argument, it has been pointed out that the defence of the present petitioner-defendant is of continuing in possession because of agreement for sale. 6. In the light of argument advanced and defence as raised, I do not find any prejudice caused to petitioner- defendant, by the issues as recast. I am not inclined to interfere in the matter. Petition is rejected. (B.P. DHARMADHIKARI) JUDGE. 01.02.2011 gas/wp11126.10