1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3199 OF 2010 Venubai w/o Raosaheb Deode .. PETITIONER VERSUS Ramkishan s/o Manikrao Jaibhaye & others .. RRESPONDENTS Mr. G.K. Thigle, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 12th APRIL, 2010 PER COURT : 1 Application tendered by the respondents / original defendants requesting the court to permit amendment in the written statement came to be allowed by the trial court in view of the order passed on 23-12-2010 below exh. 204 in Regular Civil Suit no.14/2008 and the said interlocutory order passed by the trial court is subjected to challenge in this petition. 2 Amendment to the written statement was necessitated because of 2 the amendment effected by the plaintiff to the plaint by incorporating paragraph no. 7(A) in the plaint. By virtue of the proposed amendment, the plaintiff has requesting to grant decree of mandatory injunction against the defendants. Amendment in the plaint brought on record by the plaintiff in paragraph no. 7(A) completely transforms the suit presented by the plaintiff which necessitates the defendants to tender reply to the amended pleadings. Defendants a such presented the application seeking amendment to the written statement so as to tender reply to the contentions raised in paragraph no. 7(A) of the plaint as amended by the plaintiff. Trial court has exercised the discretion and permitted amendment which according to me is perfectly justified. No interference is called for in the instant petition in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition stands rejected summarily. 3 In view of dismissal of the petition, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE) JUDGE dyb/wp3199.10.odt