1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3676 OF 2009 Vasudeo Tukaram Dev and another Petitioners versus Shriram Ganesh Damale and others Respondents Sagar Joshi for petitioners. A.M.Kumbhakoni, Sr.Adv. i/by V.M.Joshi for respondents 1,3,5 to 7. CORAM : A.S.OKA, J. DATE : 24th July 2009 PC :- 1. Heard learned counsel for the petitioners and learned counsel for the respondent nos.1 to 3 and 5 to 7. Challenge in this writ petition is to the order by which an application made by the petitioners for framing additional issues has been rejected. The issues already framed by the Trial Court are as under :- "ISSUES 1. Do plaintiffs prove that they are in possession of suit properties? 2. Do plaintiffs prove that they became owners of suit properties by adverse possession? 3. Do defendants prove that suit properties are trust properties constituted under the Public Trust Act? 4. To what relief Plaintiffs are entitled to? 5. What order and decree?" 2 2. The petitioners-plaintiffs are claiming to be in possession on the ground that they have protected their possession by adverse possession. The contesting respondents have set up a title in favour of a public trust. The suit is for a declaration of ownership on the ground of adverse possession and for an injunction. Considering the pleadings in the suit and stand taken in the suit, it is not necessary to frame any additional issue. The learned Trial Judge has rightly rejected the application. No case is made out for interference. The writ petition is rejected. It is obvious that the observations made by this Court are for limited purposes of deciding the challenge made in this writ petition. (A.S.OKA, J.)