ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3624 OF 2007 PETITION NO.3624 OF 2007 PETITION NO.3624 OF 2007 Dattaram Dharma Mayekar & Ors. ...Petitioners. Vs. Abhimanyu Dharma Mayekar & Ors. ...Respondents. Mr.S.M.Railkar for the Petitioners. Mr.S.B.Prabhavalkar for the Respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 14th October, 2008. : 14th October, 2008. : 14th October, 2008. P.C. P.C. P.C. . The Petitioner has challenged the order of rejection of his Application of amendment mainly on the ground of delay, as the suit is already adjourned for hearing. Admittedly, the suit is for partition. Even the events as recorded in the proposed amendment refers to the income derived from the joint family property. Unless partition, there is always claim of others to have a share in the so derived income. In view of this it is desirable that all such facets need to be placed on record for proper adjudication of the issue and avoid further delay in the proceedings apart from multiplicity in the proceedings. Taking note of this fact as it is, now delay itself cannot be the ( 2 ) ground even otherwise, I am inclined to grant this Petition. 2. The Writ Petition is allowed in terms of prayer clauses (a) which reads as under:- a) "order dated 7th April, 2007 passed by Civil Judge, Junior Division, Ratnagiri, below Exhibit 97 in Regular Civil Suit No.18 of 2005 be quashed and set aside and Application Exhibit 97 be granted, and the Petitioners be permitted to amend the Written Statement." 3. The Petitioner to carry out the amendment in the Writ Petition within a period of two weeks from the receipt of the copy of this order. 4. However, it is made clear that the Defendant should not protract litigation on frivolous ground. He should co-operate and see that the matter be disposed of as early as possible. ( 3 ) ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)