1 wp8701.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 8701 of 2010 Vithal Achhanna ..Petitioner v/s. Kishor K. Badiani & anr. ..Respondents Mr. S.S.Kudalkar for the petitioner. Sonal Doshi & co. for respondent no.1. CORAM:- B.R. GAVAI, J. DATED :- MARCH 03, 2011. P.C. By way of present petition, the petitioner challenges the order dated 1st October, 2010 thereby rejecting the application filed by the present petitioner for framing additional issues. 2. By way of application which is rejected, the defendant wanted the learned trial Court to frame issue regarding the title of the plaintiff to the suit property and regarding the competence of the plaintiff to file the suit against the petitioner-defendant no.1 on the basis of deed of partnership. 2 wp8701.10.sxw 3. The suit is under Section 6 of the Specific Relief Act. The learned Single Judge of this Court in the case of Smt. Khatijabi Aboobaker & ors. v/s. Karma Constructions & ors. Reported in 1996 (4) Bom.C.R. 318 has observed that in the suit of Specific Performance under Section 6, the issue of title is totally irrelevant. 4. In that view of the matter, no case is made out for interference. Rejected. (B.R. GAVAI, J)