:: 1 :: rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7029 OF 2008 WRIT PETITION NO.7029 OF 2008 WRIT PETITION NO.7029 OF 2008 ....................................................... Office Notes, Office Memoranda . of Coram, appearances, Court’s . Orders or directions and . Registrar’s Order Court’s or Judge’s Order ....................................................... Mr.O.P.Singh for the Petitioner. Ms.Monica Thakur i/b. Mr.Deepak Sharma for the Respondent. CORAM : ANOOP V.MOHTA, J. CORAM : ANOOP V.MOHTA, J. CORAM : ANOOP V.MOHTA, J. DATE : 22ND OCTOBER, 2008. DATE : 22ND OCTOBER, 2008. DATE : 22ND OCTOBER, 2008. P.C. :- P.C. :- P.C. :- . The Petitioner has challenged the impugned order whereby according to them the Court has not considered the additional issues from the Draft Issues i.e. Issue Nos. 1 and 2. 2. Admittedly, the suit is for simplicitor injunction based upon some :: 2 :: agreement. On a foundation of existing of possession based upon some agreement in question. Therefore, the above two issues needs to be framed as additional Issues i.e. Issue Nos. 1 and 2 :- 1) Does the Plaintiff prove that he is in possession of the suit premises ? 2) Does the Plaintiff proves that the Defendant has issued threat to dispossess him from the suit premises ? 3. In view of this, the Writ Petition is partly allowed. 4. The Trial to proceed accordingly. (ANOOP V.MOHTA, J.) (ANOOP V.MOHTA, J.) (ANOOP V.MOHTA, J.)