1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7870 OF 2010 Sau. Bharti Dinesh Jadhav ... PETITIONER VERSUS Shri Ashok Dashrath Shinde & anr. ... RESPONDENTS ..... Shri Shrikant Patil, Advocate for the petitioner ..... W I T H WRIT PETITION NO.7871 OF 2010 Shri Dinesh Laxman Jadhav ... PETITIONER VERSUS Shri Ashok Dashrath Shinde & anr. ... RESPONDENTS ..... Shri Shrikant Patil, Advocate for the petitioner ..... W I T H WRIT PETITION NO.7872 OF 2010 Shri Madhav Rameshchandra Chaudhary and another ... PETITIONERS VERSUS Shri Ashok Dashrath Shinde & anr. ... RESPONDENTS ..... Shri Shrikant Patil, Advocate for the petitioners ..... CORAM : R.M. BORDE, J. DATE : 18th October, 2010 PER COURT : 1. In all these petitions, the petitioners (original 2 defendants) have raised exception to the order passed by the trial Court, permitting amendment to the pleadings. The proposed amendment is objected on the ground that it amounts to withdrawal of the admission given earlier and that it would not be permissible to cause amendment after the issues are framed. The trial Court, considering the submissions that the evidence in the matter is yet to commence, has permitted the amendment. The trial Court, while permitting the amendment, has placed reliance on the judgment in the matter of Estrella Rubber Vs. Das Estate, (2001 (8) SCC 97, wherein the Apex Court has observed that, “If there are some admissions in evidence as well as written statement, it is still open to parties to explain the same by way of filing an application for amendment.” In the instant matter, the parties will have liberty to raise their contentions before the Court as the evidence is yet to commence. At this interlocutory stage of the proceedings, no interference is called for in the discretion exercised by the trial Court while permitting the amendment requested by the plaintiff. Writ Petitions are devoid of merit. Hence, same are rejected. R.M. BORDE JUDGE fmp/wp7870.10