IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 725 OF 2009 MR. NORBERT P. S. FERNANDES ... Petitioner Versus MR. BOSCO A. C. ANDRADE ... Respondent Mr. Richard Almeida,Advocate for the petitioner. Mr. S. G. Bhobe, Advocate for the respondent. Coram:- N. A. BRITTO, J. Date:- 2nd July, 2010 P.C. Heard. 2. This is a defendant's Writ Petition and is directed against the Order dated 21.10.2009 by which defendant application for framing additional issue has been dismissed. I have perused the prayers of the plaint as well the defences taken by the defendant including the plea of under valuation and non maintainability of the suit in relation to Indian Partnership Act, 1932. 3. Shri Bhobe, learned counsel who appear on behalf of the respondent has made a categorical statement before this Court that plaintiff suit is only for possession under section 6 of the Specific Relief Act and the plaintiff will claim no further reliefs. Shri Bhobe, has also made another statement that the suit has been filed by the plaintiff in his individual capacity and not as a partner of any firm. The statements made by Shri S. G. Bhobe are accepted. 4. In the light of that nothing survives in this Writ Petition and consequently the same is hereby dismissed. 5. Parties to appear before learned Trial Court on 12.7.2010 at 2.30p.m for further proceedings. N. A. BRITTO, J. vn