Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 2418 of 1992 Roshanlal Gurumukhdas Rekhi & anr. ...Petitioners V/s. Raghunath Ramchandra Sawant ...Respondents Mr. R.S.Apte for the petitioners. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 13TH JANUARY, 2009 : 13TH JANUARY, 2009 : 13TH JANUARY, 2009 P.C. . Heard Counsel for the Petitioners. None appears for Respondents. The short question raised in this petition is about the correctness of the approach of the Joint Civil Judge, Junior Division, Panvel in rejecting the application moved by the Petitioners-Plaintiffs for recasting of issues already framed. The issues already framed in terms of order dated 14th June, 1988 by the Trial Court read thus: "1. Does Plaintiff prove that the defendant has acquired a suitable and alternate accommodation? 2. Does plaintiff prove that the defendant has not used the suit premises for about six months for the purpose it was let out? 3. Whether the plaintiff is entitled for possession? 4. What order and decree?" 2 2. The Petitioner moved the subject application exhibit 18 and prayed to recast the issue in the following terms: "Does the Defendant prove that he has taken the suit premises on lease for non-residential purpose and that he is using the suit premises from the inspection of the tenancy for the same purpose continuously?" 3. Having considered the assertions made in the plaint and the written-statement and the stand now taken by the Counsel for the Petitioner across the bar before this Court, the Petition is disposed of by partly allowing application exhibit 18 filed by the Petitioners-Plaintiffs by passing following order in the interest of justice. 4. The issue suggested by the petitioner be framed as additional issue no. 2(a). 5. Petition disposed of on the above terms. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]