1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3103 OF 2010 (Dilip Eknath Nandanwar vs. Kamalakar Baliram Sawalikar) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JULY 09, 2010. Heard Shri Lohiya, learned counsel for the petitioner. He points out that trial has not yet started and he has to cross examine the respondent – plaintiff on 12.07.2010. He relies upon the judgment of the Hon'ble Apex Court in the case of Vidyabai vs. Padmalatha, reported at 2009 (1) ALL MR 471 and judgment of this Court in Bhagwandas Kanhaiyyalal Bubna vs. Shyamsunder Wasudeo Bubna, reported at 2010 (2) ALL MR 843, to urge that as trial has not yet started, amendment to written statement could have been allowed. The position in this respect is well settled and it is not necessary for this Court to reconsider the same. The trial Court has found the amendment to be belated. The facts already within the knowledge of the petitioner were sought to be added in written statement because of change of counsel. Therefore, I am not inclined to interfere in writ petition at this stage. However, the petitioner is at liberty to challenge the impugned order 2 after the suit is finally decided. With that liberty, writ petition is disposed of. However, there shall be no order as to costs. JUDGE *GS.