1 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2142 OF 2010 Pransukhlal Mafatlal Hindu Swimming Bath and Boat Club Trust & Ors. .. Petitioners Vs Kantilal Jaswantrai Parekh & Ors. .. Respondents -- Shri Ashwin Thakkar along with Shri Dipesh U. Siroya i/by M/s. Thakkar & Co. for the Petitioners. Shri D.B. Sawant for respondent Nos.1 and 2. -- CORAM : A.S.OKA, J. DATE : 29TH APRIL 2010 P.C: . Heard learned counsel appearing for the parties. Notice for final disposal has been already issued. 2. An application was made by the Petitioners for recasting and framing additional issues. By the impugned order, the said application has been rejected. 3. After having heard the learned counsel appearing for the parties, I find that the application has been decided in a most unsatisfactory 2 manner. The learned Judge noted that the issues of jurisdiction and the limitation arise. He declined to frame the said issues on the ground that the issues were not raised at the time of hearing of the Notice of Motion. The said approach is completely erroneous. The prayer for framing other issues has not been dealt with. It was the duty of the learned Trial Judge to examine the application made by the Petitioner in the light of the pleadings and the material on record of the suit. However, that exercise has not been done. 4. The Writ Petition is disposed of by passing the following order. (a) The impugned order dated 22nd February, 2010 is quashed and set aside. (b) The application at Exhibit- 9 is restored. (c) The Trial Court will hear and decide the Application at Exhibit – 9 afresh in the light of the observations made in this order. (d) The Writ Petition is partly allowed in above terms. (A.S.OKA, J)