( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6261 OF 2006 Sheshrao Limbraj Andhare PETITIONER VERSUS Babasaheb Limbraj Andhare & others RESPONDENTS ..... Mr. P.P. Chavan, advocate for the petitioner. Mr. Amol Gandhi, advocate, holding for Mr. U.B. Bilolikar, advocate for respondent No.1. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 18th June, 2009] PER COURT : 1. Heard. 2. The petitioner is original plaintiff of suit (R.C.S. No. 352/2003) (old No. 131/1989). The suit is for partition and separate possession of the property which is mentioned therein. ( 2 ) 3. The petitioner, after more than fifteen (15) years, filed an application for amendment of the plaint. He asserted that subsequently, the defendant No.1, who is his real brother, had acquired certain more properties which are required to be included in the suit as the same are purchased by utilizing the nucleus, of undivided Hindu family (UHF). The application for amendment came to be rejected. 4. There is not only a considerable delay in filing the amendment application, but there is no prima facie material to infer that the properties purchased by the respondent No.1/defendant No.1 were acquired by utilizing the nucleus available with the UHF. The amendment appears to have been sought with oblique intention of putting the respondent No.1 under pressure. The amendment was found unnecessary and has been rejected by the trial Court. The trial Court noticed that purchase of the land by the defendant No. 1 in name of the defendant No. 4 is not corroborated by any evidence as such. In this view of the matter, the impugned order does not suffer from vice of ( 3 ) arbitrariness or perversity. The petition is, therefore, dismissed. The trial shall be expedited if has not been yet commenced and be completed as far as possible within period of nine (9) months. The parties shall cooperate with the trial Court and if non- cooperation is found, suitable coercive measures may be taken, including imposing of the costs. [ V.R. KINGAONKAR ] JUDGE NPJ/wp6261-06