JAYANT NATH, J.

CM No.36469/2016

Allowed subject to all just exceptions.

CM(M) 999/2016 & CM No.36468/2016

1. By the present petition the petitioner seeks to impugn the order dated 8.9.2016 of the trial court by which issues were framed. The grievance of the petitioner is that two issues have not been framed regarding (i) that the suit is barred under Section 34 of the Specific Relief Act as relief of possession has not been sought by the respondent and (ii) that the suit is barred by limitation.

2. The respondent has filed the present suit for cancellation of release dated 13.11.2006 and declaration of ownership. On 18.5.2015 when the matter was pending before this court the learned Single Judge of this court recorded the statement of the respondent under Order 10 CPC and held that the suit is barred by limitation and dismissed the suit. A Division Bench of this court in an appeal vide judgment dated 11.9.2015 restored the suit to its position holding that the findings recorded by the learned Single Judge are erroneous. The petitioners filed a Special Leave Petition against the said judgment of the Division Bench which was dismissed on 6.11.2015.

3. Learned counsel appearing f