1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 428 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 428 OF 2011 *** 1. Challenge in writ petition is to order allowing amendment to counter claim. According to Advocate Mr. N. R. Bhavar, the amendment to the counter claim introduces a cause for partition and separate possession when suit as filed is only for injunction. He points out that counter claim (unamended) was also only for injunction. 2. Advocate Mrs. Kulkarni for Respondent has pointed out from certified copy of Exhibit-77 that after the impugned order was passed on 6th October, 2010 costs as awarded thereby were tendered and accepted by plaintiff on 13th October, 2010. According to her, therefore, present petition is not maintainable. 3. Learned counsel for petitioner states that he has no instructions about such receipt of payment of costs. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 428 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 4. In this situation, as payment of costs is not disclosed in the petition, the petition is rejected. Needless to mention that the petitioners are at liberty to challenge the order of trial court dated 6th October, 2010 if law so permits, after suit is disposed of. [B.P.DHARMADHIKARI, J.] Dated:28/02/2011. ans/428