1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3319 OF 2007 (Dattatraya Namdeo Mhaske .v. Chandrakala Bhimrao Shelke) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.S. Kilor, Advocate for the petitioner. CORAM : R.V. MORE, J. 02ND APRIL, 2008. Heard the learned Counsel appearing on behalf of the petitioner. By the impugned order, dated 26.04.2007, the lower appellate Court dismissed the application at Exh.35 filed by the petitioner in Civil Appeal No. 54/1997, for framing the additional issue. The respondent's suit for possession is already decreed by the learned trial Court and against the said decree, the petitioner preferred aforesaid appeal before the lower appellate Court. It was the defence of the petitioner that he is in possession of the suit property in part performance of the contract and as such protected under Section 53-A of the Transfer of Property Act and, therefore, he has requested for framing additional issue regarding protection under principle of part performance. The lower appellate Court rejected the 2 petitioner's application on the ground that there is sufficient material on the record and if appellant established his plea regarding part performance, his possession can be protected. The lower appellate Court further held that the petitioner's plea can be considered at the time of final hearing of the appeal. In view of above, I do not find any error so as to justify me to interfere in the instant petition in my jurisdiction under Article 226 and 227 of the Constitution of India. The petition is devoid of any substance and hence the same is dismissed with no order as to costs. JUDGE *rrg.