1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 548 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 548 OF 2011 *** 1. Keeping reliance upon judgment of this Court in the case of "Walha Ganpat Tadge since deceased by his legal heirs Chandrabhagabai Walmik Tadge and others V/s Ramchandra Bala Sangale" reported in 2005 (2) Mh.L.J. 764 Shri Kutti, learned counsel contends that issue in relation to adverse possession needs to be framed and the error of trial Court in not framing it was pointed out by filing the application which also pointed out that, that issue regarding limitation also needed to be framed. Trial Court has partly allowed application and framed issue only in relation to limitation. According to learned counsel, as the issue in relation to adverse possession is not framed, the above judgment required him to move application and to get that issue framed. 2. In the judgment, on which reliance is 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 548 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. being placed, the trial Court recorded a finding that defendant had given up the plea of adverse possession. Here, such a finding cannot be recorded. Trial Court has found that he is harping on his perfection of title by adverse possession. 3. After hearing Advocate Shri Kutti, I am satisfied that the trial Court has framed issue which requires scrutiny of material to find out whether plaintiff before it is entitled to be declared owner of suit property. Plea of adverse possession is on record and is known to sole defendant, as also sole plaintiff. Hence, by issue No.1 as already framed, requiring the scrutiny into his title, no prejudice is caused to petitioner. Petition is rejected. [B.P.DHARMADHIKARI, J.] Dated:25/01/2011. ans/548