FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/7545/2009 SATWA V/S IRRAPPA 1. Heard respective counsel. 2. Petitioner is original defendant No.3 in RCS no.263 of 2006 seeking declaration and perpetual injunction. 3. After entering the appearance, petitioner / defendant no.3 filed his written statement. The trial Court considered the pleadings and framed issues at Exhibit 54. Thereafter, the petitioner had filed an application for framing of additional issues at Exhibit 81/D. Copy thereof is on record at Exhibit “D”. Learned counsel for the petitioner points out the contentions raised in paragraph No.3 of the said application, contending that the petitioner has raised a plea of acquisition of title by virtue of adverse possession. It was, therefore, important to frame two issues, one pertaining to estoppel and second pertaining to plea of adverse possession. Said application is dt. 30.6.2009. After hearing the parties, it was rejected by the trial Court. Hence this petition. 4. Learned counsel for the petitioner points out paragraph No.12 from the written statement as regards the pleadings pertaining to plea of adverse possession. The trial Court in paragraph No.12 has observed that the plea of adverse possession is not consistent with the earlier pleadings of defendant. These observations are per se illegal. At the stage of framing of the issues, the trial Court is not supposed to record FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS its finding on the issue/s. The Court has to find out as to on what point the parties are at issue/s. For that purpose, the Court has to consider the pleadings. In my view, the order impugned requires to be quashed and set aside in the extra ordinary jurisdiction of this Court, being perverse. 5. In the result, Writ Petition is allowed. Impugned order is quashed and set aside. The trial Court is directed to frame appropriate issues as suggested by the petitioner, pertaining to his plea of adverse possession and proceed with hearing of the suit. No order as to costs. Dt.5.2.2010 (S.B.DESHMUKH, J.) akl