IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5432 OF 2004 M/s.Jayesh Co-operative Housing Society Ltd. ..... Petitioner V/s. Tanmay Co-op. Housing Society Ltd. & Ors. ..... Respondents Mr.N.R.Bubna, for the Petitioner. Mr.M.A.Sayyed, for respondent No.1. CORAM : SHRI P.B.MAJMUDAR, J. DATED : 21st NOVEMBER, 2008. P.C. 1. By filing this petition under Article 227 of the Constitution of India, the petitioner has challenged the order passed by the Trial Court dated 27- 04-2004, by which the learned Trial Judge has rejected the prayer of the original defendant for amending the written statement. The petitioner is the original defendant No.1 in Regular Civil Suit No.467 of 1999. The suit is for declaration of easementary rights. In the said suit, the petitioner/original defendant No.1 preferred an application on 15-04-2004 for amending the written statement by adding certain paragraphs to show that even though the plaintiff was having alternative access of the land, he had stopped using the same subsequently. 2. The learned Trial Judge found that the defendant was negligent in not preferring the amendment application earlier, even though this fact was known to him when the suit came to be filed. The learned Trial Judge found that since now the evidence has began, it would not be just and proper to allow the application for amendment. 3. It is no doubt true, as argued by the learned counsel for the petitioner that amendment can be granted at any stage and the amendment sought for is innocuous in nature. After considering the fact that the order of the Trial Judge is of April 2004 and even the suit was not stayed by this Court and considering the fact that the evidence has already begun as back as in the year 2004, it would not be just and proper to entertain this petition at this stage. I am therefore, of the view that the order of the Trial Court is not required to be interfered with by this Court in its extra-ordinary jurisdiction under Article 227 of the Constitution of India. However, liberty is granted to the petitioner/original defendant to take this point in appeal, in case he is required to file any such appeal against the order of the Trial Court and in such appeal, the defendant can challenge the order rejecting the prayer for amendment. If any such point is taken in appeal, the appellate court shall decide the same in accordance with law and on merits of the application, this Court has not expressed any opinion in any manner. Subject to the aforesaid liberty to the petitioner, the petition is dismissed. Notice discharged. No order as to costs. ( P.B.MAJMUDAR, J. )