:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2241 OF 2009 WRIT PETITION NO. 2241 OF 2009 WRIT PETITION NO. 2241 OF 2009 Machindra Narayan Ahire & Anr. ..Petitioners versus Popat Dattatraya Sonawane & Ors. ..Respondents Mr. N. R. Bubna for the Petitioners. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 8TH APRIL, 2009 DATE : 8TH APRIL, 2009 DATE : 8TH APRIL, 2009 P.C. P.C. P.C. . The petitioners have challenged the Order of the learned Appellate Court dated 25.9.2008 dismissing their application for amendment of the written statement during the pendency of the appeal. 2. According to the petitioners some public urinals were demolished on the southern side of the suit property in respect of which dispute as to the right of way existed adjacent to the Southern side of the suit property. The learned appellate court has observed that dispute pertains to the alleged encroachment on the passage and obstruction in the right of way on the suit property. Merely because :2: after decision of the suit and during the pendency of the Appeal Malegaon Municipal Corporation demolished public urinals existing on the southern side of the suit property, the learned appellate court has observed that it is not necessary to give permission to amend the written statement. 3. The impugned order does not suffer from any error of law apparent on the face of the record since it has been found that the amendment is not necessary to agitate the real dispute between the parties. There is no merit in the petition, which is hereby dismissed. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)