1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6287 OF 2009 Shubham Babasaheb Patil .. Petitioner Versus Rangrao Daulu Mang (Awale) & Anr. .. Respondents Mr.Chetan G. Patil for the petitioner. CORAM : A.S.OKA, J. DATE : 21st August 2009. P.C.: . The challenge by the original plaintiff in this writ petition under Article 227 of the Constitution of India is to an order by which the trial Court has declined to recast the issues on application made by the petitioner. The petitioner has filed a suit simplicitor for injunction. The petitioner claims that his father purchased the suit property from one Sukumar Balwant Lokhande by a registered Sale Deed dated 28th June 2002. The suit for injunction filed by the petitioner appears to be based on title. The defendants filed written statement in which it was contended that the said Mr.Sukumar deceived the 1st respondent and obtained a Sale Deed and therefore the said Mr.Sukumar who was the predecessor in title of 2 the petitioner had no right, title or interest in the suit property to execute the Sale Deed in favour of the father of the petitioner-plaintiff. 2. If the petitioner-plaintiff is to succeed in the suit based on the title, the petitioner will have to prove that the said Mr.Sukumar was the owner of the property from whom his father purchased the property. By the application on which impugned order is passed, the petitioner wants the trial Court to frame issues casting the negative burden on the 1st defendant/1st respondent to prove that the said respondent has not sold the property to the said Mr.Sukumar Lokhande. 3. In the circumstances, there is no error in the impugned order. Petition is rejected. However, it is made clear that all contentions of the parties in the suit are expressly kept open. (A.S.OKA,J)