1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5481/2010. (Raghunath Kshirsagar Vs. Manik Kshirsagar and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SD Ghayal, Adv. for petitioner; Mr.HV Tungar, Adv. for Resp.Nos. 1-A to 1-E and 2. ___ CORAM : K.U.CHANDIWAL ,J. DATE : 27 th September, 2010. ... 1) Heard. 2) The plaintiff came with a case of jointness of property. The defendant alleged that it was by virtue of partition amongst the parties that he received the property. The learned Judge framed additional issue. In fact situation, it was not warranted as Issue No.1 indeed was covering the situation. Consequently, the exercise that has been done by the learned Judge by the order dated 25.3.2010, calls for interference, as it is contrary to the legal position, it is set aside. 2 3) Writ Petition is disposed of with above observations. No costs. (K.U.CHANDIWAL) JUDGE bdv/