JUDGMENT :

S.M. MODAK, J.

1. Rule. In this petition, the Petitioners/original defendant nos. 1 and 2 have requested this Court to exercise the supervisory jurisdiction under Article 227 of the Constitution of India. They have requested to modify the order passed by the trial Court thereby refusing to recast the issues already framed in the proceedings of Regular Civil Suit No. 449 of 2001.

2. The application to that effect is filed by the defendant no. 1-Balasaheb since deceased through his legal representative Mahesh B. Pawar in a pending suit. Defendant No. 2-Mahesh is one of the legal representative of deceased Balasaheb and he is also defendant no. 2 in his individual capacity. The trial Court has already framed the issues on 15.02.2013. It was a suit for partition filed by one Lalasaheb Dattoba Pawar present Respondent No. 1 against several defendants. Various properties were described in the schedule ‘A’ to schedule ‘C’ annexed to the plaint. It consists of immovable properties.

3. On one hand, the Plaintiff has contended that suit properties belongs to joint hindu family and hence liable to partition. Apart from other contentions, deceased defendant no. 1-Balasaheb Dattoba Pawar