1 WP 5570.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5570 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.P.S.Agrawal, Advocate for the Petitioner. ............................ CORAM : S.V. GANGAPURWALA, J. DATE : 28/07/2011 PER COURT : 1. The petitioners are the original defendants. The respondent has filed a Suit for declaration of ownership. The trial Court framed the issues. Thereafter, the amendment was carried out by the petitioners in the Written Statement. After the amendment was carried out, the petitioners filed an application for framing of additional issues. The Court partly allowed the said application. It framed proposed issue no. 4 and rejected the application so far as other issues were concerned. Aggrieved thereby, the present Writ Petition is filed. 2. Mr. Agrawal, the learned counsel for the petitioners submits that after the issues were framed, the amendment was carried out and in 2 WP 5570.2011 view of the amendment, the proposed issues suggested were necessary for the effective adjudication of the dispute between the parties. The learned counsel contends that the facts affirmed by one party and denied by another party, gives rise to an issue. In such circumstances, the issues proposed ought to have been framed. 3. With the assistance of the learned counsel for the petitioners, I have gone through the issues which were already framed and the proposed issues. The proposed issue nos. 1 to 3, which are sought to be framed, are akin to the issue nos. 1 to 3 which are already framed vide Exh. 12. The proposed issue no. 4 has been framed by the Court. In such circumstances, when the issues which are proposed are similar to one which are already on record except the language is different, no error has been committed by the Court in refusing to frame the said proposed issues. 4. In the result, the Writ Petition is dismissed. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 5570.2011 3 WP 5570.2011