Prakash Mahadeo Bhange And Others v. Ashok Shankarrao Raut And Others

(1) WP-458.2020.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO.458 OF 2020 PRAKASH MAHADEO BHANGE AND OTHERS

VERSUS

ASHOK SHANKARRAO RAUT AND OTHERS ...

Mr. J.M. Murkute, Advocate for the petitioners. ...

CORAM :

Rohit B. Deo, J.

DATE :

9th January 2020.

PER COURT :- .

This petition is preferred by defendant Nos.5 to 8 who have purchased the suit property from defendant Nos.1 to 4.

2.

Plaintiff has brought a suit seeking declaration that the sale deed executed by defendant Nos.1 to 4 in favour of defendant Nos.5 to 8, is illegal and null and void. 3.

The petitioners - defendant Nos.5 to 8 preferred an application for recasting the issues. The issue which the petitioners requested to frame reads thus :

"Whether the plaintiff has right or Locus Standi to challenge the area description, boundaries and other details etc. of sale deeds executed by defendant Nos.1 to 4 in favour of other defendants"

(2) WP-458.2020.odt 4.

The trial Court has rejected the application interalia observing that the issues framed cover the issue of locus standi, etc.

5.

I do not see any reason to take a different view. I have perused the issues framed. Initial burden to prove that the description of the property which is the subject-matter of the sale deed is incorrect and that the sale deed is illegal, is cast on the plaintiff. Similarly, the burden to prove that there is right of pre-emption is also cast on the plaintiff. I am satisfied that the issues which are framed, would cover the issue which the petitioners desire to be framed. 6.

The petition is dismissed.

(ROHIT B. DEO, J.) VD_Dhirde