KBP 7035-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7035 OF 2009 Shyamdutta Ramdev Hajam and ors. ..Petitioners Vs. Virendra Motiram Hajam and ors. ..Respondents ......... Mr.V.T.Lulia, for petitioners. Mr.R.A.Thorat, for respondent no.1. ....... CORAM : A.S.OKA, J.. DATE : 18 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioners and learned counsel for respondent no.1. 2] The petitioners (original plaintiffs) have taken exception to the order of the appellate bench of the Small Causes Court by which the first respondent (original defendant) has been permitted to amend the written statement for contending that the area in which the suit premises are situated has been declared as a slum area. The learned counsel for the first respondent, on instruction, states that apart from the documents which are permitted to be produced under the impugned order, the first respondent does not desire to lead any further evidence. He states that the first respondent does not desire to apply for remand of the suit to the trial Court. 3] The said statements are accepted. The result of the impugned order is that the first respondent will be permitted to raise a contention that the area in which the suit premises are located has been declared as a slum area and for that purpose, he will be entitled to rely upon the documents KBP 7035-09.sxw 2 which are already allowed to be produced. 4] In view of the statements of the learned counsel for the respondent no. 1, no case for interference is made out in the writ jurisdiction. It is made clear that apart from the documents which are already allowed to be produced under the impugned order, the first respondent will not be permitted to lead any additional evidence in the appeal. 5] Hence, I pass the following order: (a) The statements made by the learned counsel for the first respondents are accepted. (b) Subject to what is observed above, the writ petition is rejected. (c) Hearing of the appeal is expedited. ( A.S.OKA, J. )