1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 588/2008 Rambhau Maroti Wasekar, thr. Legal Representatives ..vs.. Arun Krushnarao Arve -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Khajanchi, Advocate for the petitioner. Mr. Thakare, Advocate for the respondents. CORAM: ANOOP V. MOHTA, J. DATED : 5 th September, 2008 1. This is a plaintiffs writ petition as his application for framing the additional issue on the question of tenancy, though there are pleadings, is rejected. 2. After considering the material placed on record, I am of the view that once there are pleadings and denial to the pleadings, it is necessary for the trial Court to frame the issue and to have a clear point for determination during the trial. Therefore, it is necessary to give full opportunity to both the parties, which can be done only when there are clear issues on the record. 3. There is no dispute that there are pleadings with regard to the point of tenancy. In view of this, keeping all 2 points open, this writ petition is allowed. The application for amendment as prayed for is granted accordingly. 4. The suit is of the year 1995, it is expedited. The petition is allowed accordingly with no order as to costs. JUDGE kahale