1 WP 4132/2011 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4132 OF 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Ms. Sharwari Shalendra i/b Mr. P.S. Dani for the petitioners. CORAM : D.G. KARNIK, J. DATE : 1ST JULY 2011 P.C. : 1. Heard learned counsel for the petitioners (original defendants). 2. The respondent filed a suit against the petitioners for removal of an encroachment on the property bearing gat no. 1505 (for short “the suit property”). After the evidence of the respondent was concluded, the petitioners made an application that three additional issues be framed and the said three issues be referred to the consolidation officer for his decision. 2 WP 4132/2011 The three issues, which the petitioners sought to be framed, are as follows: (1) What is the true area of the suit property? (2) Whether the entires made in the consolidation scheme are proper and legal? (3) Whether the correction deemed is legal and proper? When asked where is the appropriate pleading in the written statement on which the aforesaid issues would arise, learned counsel for the petitioners was unable to point out any pleading in the written statement from which the aforesaid issues would arise. Consequently the trial Court committed no error in rejecting the application for framing of the additional issues and referring them to the consolidation officer. Writ petition is rejected summarily. (D.G. KARNIK, J.)