(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8522 OF 2009 1. Tulshiram s/o. Bhimrao Samudre, .. Petitioners 2. Popat s/o. Sangitrao Samudre. (Original defendants) versus 1. Vishvanath s/o. Manmath Wadkar, 2. Dattatraye s/o. Manmath Wadkar, 3. Bharatbai Pandit Birajdar, 4. Chhabubai Ramling Todkar. .. Respondents. .......................... Mr. H.K. Munde, Advocate, for the petitioners. .......................... CORAM : B.R. GAVAI, J. DATE : 15TH DECEMBER 2009. COURT'S ORDER : 1. By way of present petition, the petitioner challenges the order dated 16th June 2009, passed by the learned Civil Judge (Junior Division), Kallam, below Exhibit 135 in Regular Civil Suit No. 77/1988, (2) thereby rejecting the application filed by the present petitioner for framing an additional issue regarding tenancy. 2. The learned Judge of the trial court, while rejecting the application, has found that the suit was filed in the year 1988. The issues were framed on 16th October 1995 and thereafter the present application was filed on 19th September 2008 i.e. after a period of 20 years from the institution of the suit and 13 years from the date on which the issues were framed. The learned Judge of the trial court has further found that the said application was nothing else but an attempt to protract the suit. 3. No perversity is found in the approach adopted by the learned Judge of the trial court, so as to warrant interference in exercise of extraordinary jurisdiction of this court under Article 227 of the Constitution of India. 4. The petition is, therefore, dismissed. ( B.R. GAVAI ) JUDGE ......................... bgp/wp8522