1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4827 OF 2009 Mr.Shahabuddin Sultan Bohra & anr. ... Petitioners v/s Mrs.Zaitoon Abdul Hameed ... Respondent Ms.Duraiya S. Retiwala for the petitioners. Mr.N.P.Bhavsar for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 22ND JUNE, 2009 P.C.: 1. The petitioners are aggrieved by the order passed by the Trial Court on 18.10.2008 by which the Trial Court has disallowed the amendment sought by the petitioners. The petitioners contend that the respondent had filed an application for standard rent i.e. R.N.A. Application No.52/SR/04, which is pending before the Trial Court. The petitioners had filed their written statement in which they had stated that the respondent was not their tenant and, 2 therefore, the question of filing an application for fixing of standard rent did not arise. 2. During the pendency of the trial, the petitioners obtained an affidavit filed in this case in respect of some other proceedings in which one Aziz T. Kanjiwala had stated that he was in possession of the petitioners’ property and on this basis the petitioners contend that the amendment application ought to have been allowed to bring this fact on record. 3. The Trial Court has rightly held that such an amendment would not in any manner aid in determining the controversy between the parties, namely, of fixation of standard rent. The Trial Court, in my opinion, has not committed any error in passing the impugned order. 4. The petitioners can always take necessary action as permissible in law in case they wish to evict either the respondent or the said Aziz T. Kanjiwala. 5. Writ petition rejected. ..... 3