1 wp 7783-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7783 OF 2010 Maruti Dnyanoba Medankar ...Petitioner vs. Popat Parshuram Medankar & Ors. ...Respondents Mr.U.B. Nighot for the Petitioner. CORAM : B.R. GAVAI, J. DATED : JANUARY 10, 2011 P.C :- 1 By way of present petition, the petitioner challenges order dated 8th June, 2010 passed by the Civil Judge, Junior Division, Khed, vide which the application filed by the present petitioner for recasting the issue came to be rejected. The plaintiff by way of amendment has challenged the Sale Deed executed by defendant no.7 in favour of defendant no.9 and has prayed that the same is not binding on the petitioner. In view of the amended 2 wp 7783-2010 pleadings, issue no.2(c) came to be re-casted which reads thus :- 2(C) Whether the sale deed executed by Defendant No.7 in favour of Defendant No.9 is not binding upon Plaintiff. 2 According to the petitioner, by way of the said issue, a negative burden has been cast upon the plaintiff and therefore, the issue ought to have been re-casted. The learned trial court has found that the plaintiff itself had applied for a declaration that the Sale Deed in favour of defendant is not binding on his share. 3 In that view of the matter, it cannot be said that discretion exercised by the trial court has been exercised in the perverse manner. No interference as warranted in the extraordinary jurisdiction under Article 227 of the Constitution of India. Hence, writ petition is rejected. (B.R. GAVAI, J.)