JUDGMENT :

ABHAY AHUJA, J.

1. Heard learned counsel for the parties.

2. This petition filed under Article 227 of the Constitution of India impugns an order dated 19th August, 2022 below Ex.66 in pending R.A.D. Suit No. 804 of 2010 (the “said suit”) whereby the application filed by the petitioner for recasting of issues has been rejected.

3. The Petitioner had earlier filed the said suit for declaration of tenancy before the Small Causes Court, at Bombay in respect of the suit premises being Flat No. 14, First floor, Mayur Pankh, Khokhani Lane, Ghatkopar (East), Mumbai-400077 (the “said/suit premises”). The defendants/landlords, the Respondent had filed written statement thereafter and the issues were framed on 11th February, 2019. Amendments were carried out to the plaint and the defendants had also filed their additional written statement. Thereafter, additional issues were framed on 6th November, 2020. The issues framed on 11th February, 2019 and on 6th November, 2020 are set out as under:

“Issues framed on 11.02.2019

1. Whether the plaintiff proves that Defendant No. 1 is the owner and Nirmalaben J. Mehta was the tenant in respect of the suit premises?

2. Whether the Plaintiff proves t