Advocates:
['KORE GANESH J AND S A NANDURE', 'K B JADHAVAR', '', 'R/ SERVED']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 4851 OF 2013

DATTATRAY PANDITRAO GHORPADE AND ANOTHER

VERSUS

RAMHARI CHATURBHUJ SALUNKE

...

Advocate for Petitioners : Mr. Kore Ganesh J

Advocate for Respondent No.1 : Mr. K.B. Jadhavar

.....

CORAM : S. S. SHINDE, J.

DATED : 18^th NOVEMBER, 2013

PER COURT :-

1.

Heard.

2.

This writ petition takes exception to order dated 27.3.2012

passed by learned Adhoc District Judge-1 Osmanabad below Exh.5 in

Regular Civil Appeal No. 77 of 2011.

3.

Learned counsel appearing for the petitioners invited my

attention to the issues framed by the trial court and submitted that

there was no specific issue framed as to who is in possession of the

suit property. He submitted that when the suit was filed for specific

performance by the original plaintiff, there was no occasion for the trial

court to grant relief over and above the prayers in the suit. It is

submitted that the trial court travelled beyond the pleadings and

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prayers and granted relief beyond pra