IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 35 OF 2005 SHANTABAI VAIKUNTH SAWAL,MARGAO ....Petitioner GOA. Versus ROSA FERNADNES,MARGAO GOA. ....Respondent Shri C. Mascarenhas, Advocate for the petitioner. Coram:- R. M. LODHA, J. Date:- 29th September, 2005 P.C. Heard Mr. C. Mascarenhas, the learned Counsel for the petitioner. I perused the impugned order. The application was made by the defendant under Order 14, Rule 5 of the Code of Civil Procedure to frame additional issues. Inter alia, the defendant prayed to the trial Court that in the light of the pleadings made in the plaint, the issue be framed whether the plaintiff proves that she is the tenant cultivating the paddy field "8th Lanco Tambitollu" or "Lote No.766" situated in Margao ? The trial Court did not accede to the request of the defendant by observing that the suit is for injunction based on plaintiff's claim that she is in occupation and possession of the suit property belonging to the Communidade and that the defendant has no right to carry on any construction in the suit paddy field which is in cultivation of the plaintiff and, therefore, the issue is not required to be framed about the tenancy. I do not find any infirmity in the approach of the trial Court. As a matter of fact, while allowing the application made by the defendant partly, the trial Court has framed an additional issue to the effect whether the plaintiff is cultivating and is in possession and occupation of an area of 5764.04 sq. metres of the suit paddy field known as "8th Lanco Tambitolli" and also known as "Lote No.766" ? This issue was necessary and has now been framed by the trial Court. If, without establishment of the fact that the plaintiff is tenant of the suit paddy field the plaintiff's suit cannot be decreed as contended by the defendant, such a contention shall be examined by the trial Court while hearing and deciding the suit. No case for invocation of writ jurisdiction is made out. The writ petition is dismissed in limine. R. M. LODHA, J. ssm.