1 WP no.9246/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9246 of 2010 Ratanshi Premji Charitable Trust & ors. ... Petitioners versus Om Health Centres Pvt. Ltd. & Anr ... Respondents ... Mr. Atul Damle with Ms.Swati Sagvekar i/b Legasis Partners for the petitioner. CORAM : D.G. KARNIK, J DATED : 6th December 2010 P.C. 1. This Petition is directed against the order dated 3 August 2010 passed by the trial court refusing the application filed by the petitioner (original defendant) for amendment of the written statement. 2. In a suit for specific performance filed against the petitioner which is a public charitable trust, the petitioner filed a written statement inter alia contending that the agreement was not binding on it as permission of the Charity Commissioner under section 36 of the Bombay Public Trust Act was not obtained. Thereafter, the petitioner applied for an amendment pleading further that the agreement for sale was executed only by one of the trustees while an order of status quo 2 WP no.9246/10 passed by the Court was in force and therefore, the agreement was null and void. The real issue in controversy between the parties is whether specific performance can be granted in respect of an agreement which is entered into without the permission u/s.36 of the Bombay Public Trust Act. 3. The facts which are sought to be pleaded by means of an amendment are not germane for the decision of the main issue. The trial court committed no error in rejecting the application on the ground that the facts are not relevant for deciding the issues in controversy. Hence, no interference is called for in exercise of a writ jurisdiction under Article 227 of the Constitution of India. It is however clarified that in the event the final decision in the suit is adverse to the petitioner, the petitioner shall have liberty to challenge the impugned order while filing an appeal against the final decision. With this observation, the writ petition is rejected summarily. (D.G.KARNIK, J)