Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1461 of 2009 Yadgiri Vyankatayya Pitta ...Petitioner V/s. Shri Sadguru Enterprises ...Respondents Mr. I.M.Khairdi for the petitioner. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 16TH FEBRUARY, 2009 : 16TH FEBRUARY, 2009 : 16TH FEBRUARY, 2009 P.C. . Heard Counsel for the parties. For the nature of order that I propose to pass which is not going to cause prejudice to the plaintiff and would be the correct position on the basis of which the trial should proceed further, I do not think it necessary to delay the trial by issuing notice on this writ petition. Instead the direction is issued to the Trial Court to reframe issue no.1 to read as under: "Does plaintiff prove that the goods (colour and chemicals) have been purchased, sold and delivered to the defendant on credit account of Rs. 74,361/- of Sadguru Enterprises?" 2. Reframing of issue no.1 on the above basis would answer all the arguments which are agitated before this Court. 3. In so far as request of striking of issue no.4 is 2 concerned, no interference is warranted with the conclusion of the Trial Court in rejecting the said request. 4. Petition is disposed of on the above terms. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]