1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1526 OF 2009 Ramchandra B. Dhobale. ..Petitioner. V/s. Yedu Yesu Nile ..Respondent. Mr.Ajay A. Joshi for petitioner. Mr.Umesh R. Mankapure for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. No interference with the discretionary order passed by the Court below is warranted. However, it is appropriate to clarify that inspite of granting amendment-just as issue of limitation is left open, the question whether the counter claim is barred or permissible will have to be considered by the Court below on its own merits in accordance with the law at the appropriate stage. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)