1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3652 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Mr.S.S.Redekar for the petitioners. Mr.Uday P. Warunjikar for respondent No.1. CORAM : A.S.OKA, J. DATE : 5th May 2010. P.C.: . Heard learned counsel appearing for the petitioners. The petitioners are the plaintiffs. By the impugned order, application made under Rule 5 of Order XIV of the Code of Civil Procedure, 1908 for recasting the issues has been rejected. Looking to the averments made in the plaint, the burden is on the petitioners to prove that the suit property is a joint family property of the petitioners, 1st to 4th defendants and 6th to 9th defendants. The burden is on the petitioners to prove that the Sale Deed executed by the 1st defendant in favour of the 5th defendant is illegal. The issues which are suggested by the petitioners are in substance covered by the issues which are already settled. Hence, no case for interference is made out in writ jurisdiction. Petition is rejected. (A.S.OKA,J)