T.V. Nalawade, J.

1. Heard.

2. Rule. With the consent of the parties, petitions are taken-up for final decision.

3. The first proceeding is filed to challenge the order passed by the learned Civil Judge, Junior Division, Chakur in RCS No. 143/2008 below Exhibit 28. This application was moved by the present petitioner herein praying for framing additional issue like, "Whether the partition deed executed between petitioner and his brother was null and void in view of provisions of Bombay Prevention of Fragmentation & Consolidation of Holdings Act, 1947." This application is rejected by the trial Court.

4. In Writ Petition No. 6056 of 2014, the relief is claimed to quash and set aside the order made on Exh.83 in RCS No. 139/2007 pending before the same Court. This application was filed by the petitioner who was plaintiff in the suit and he is opposing the counter claim filed by the respondent in the said Suit. The said application was filed by the petitioner for framing the aforesaid issue, and referring the issue to the competent authority created under the aforesaid special legislation.

5. The submissions made by both the sides and the pleading which can be found in the plaint