(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 108 OF 2011 Cajetan Santan Carnerio, Age : 63 years, Occupation : Private Service, R/o. American Marathi Mission Compound, .. Petitioner Station Road, Ahmednagar, (Original plaintiff) District : Ahmednagar. versus The Executive Engineer (Urban), The Maharashtra State Electricity Board, Station Road, Ahmednagar, Taluka & District : Ahmednagar, .. Respondents and 2 others. (Original defendants) ....................... Mr. S.P. Brahme, Advocate, for the petitioner. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 11TH JANUARY 2011 (2) COURT'S ORDER : 1. It is apparent that the questions which arise at the stage of final hearing, in appeal, were urged under the guise of prayer for recasting of issues. The appellate court has correctly dealt with the situation. 2. Mr. S.P. Brahme, learned Counsel appearing for the petitioner, has however, contended that one of the reasons given, namely, the order passed by the trial court refusing similar request was not challenged, is not correct. 3. It is apparent that the Regular Civil Appeal is to be heard finally and it is open to the petitioner / appellant to urge all these questions at that stage. I am not inclined to interfere in the matter at this stage. 4. Petition is accordingly dismissed. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp108