CW-4415/2008 - Navneet Vs. Noor Mohd. : Order dt.14.7.08 1/2 S.B. CIVIL WRIT PETITION NO.4415/2008 Navneet Vs. Noor Mohd. Date of order : 14th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. O.P. Joshi for the petitioner. --------- 1. Heard learned counsel. 2. This petition is directed against the order dated 1.5.2008 passed by learned A.D.J. (Fast Track), Parbatsar whereby the learned court below has rejected the application of the defendant under Order 14 Rule 5 C.P.C. for framing of additional issues. 3. This Court has perused the issues as framed by the learned trial court in suit of eviction filed by the plaintiff. The petitioner had sought the following issues to be framed:- (i) Whether notice dt.18.3.2005 has been served to him by plaintiff and thereafter for long time no suit for dispossession was filed and further it was stated that defendant has filed a suit for injunction and same is pending before civil Court and in which due reply has been filed by the plaintiff but he has not protected the right of eviction therefor plaintiff has waived the right of eviction? (ii) Whether after giving the notice after long wait CW-4415/2008 - Navneet Vs. Noor Mohd. : Order dt.14.7.08 2/2 plaintiff has filed the suit therefor on the basis of delay and latches suit filed by the plaintiff is not maintainable? 4. The learned court below has held that the issues framed by the Court about the notice given to the defendant under Section 106 Transfer of Property Act is covered by the issue No.5 as to whether suit filed by the plaintiff under the Rent Control Act is maintainable or not would cover the said additional issue sought to be framed by the defendant and, therefore, there was no need to frame any separate issue in this regard. 5. In the opinion of this Court, there is no error in the impugned order of the learned trial court and no additional issue as sought was required to be framed. The writ petition is found to be devoid of merit, the same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.8 babulal/-