1 wp 2012-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2012 OF 2010 Ramesh Vasantrao Unhale & Anr. ..Petitioner vs. Bandu Vasantrao Unhale & Ors. ..Respondents Mr.A.A. Joshi for the Petitioner. Mr.Amol Deshpande for Respondent Nos.1 to 4. CORAM:- B.R. GAVAI, J DATED :- MARCH 23, 2011. P.C. 1 By way of present petition, the petitioner challenges the Order dated 16th December, 2009 passed by learned Civil Judge, Senior Division, .Barshi, thereby rejecting the application for amendment. 2 Admittedly, the suit has been filed after 1st July, 2002. Admittedly, the plaintiff and one other witness on his behalf has been examined and the present application came to be filed when the third witness on behalf of the plaintiff was present in the court. The perusal of the 2 wp 2012-2010.sxw amendment would clearly reveal that if the petitioner had exercised due diligence, he could have carried out said amendment prior to the commencement of the trial. In view of the law laid by the Apex Court in the case of Vidyabai vs. Padmalata, reported in 2009 (1) All M.R. 72, no case is made out for interference. Hence, writ petition is rejected. (B.R. GAVAI, J)