1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3841 of 2010 Pavaji Mahadu Dalvi (since deceased thru Lrs Tulsiram Pavaji Dalvi & Anr ... Petitioners versus Bovaji Abaji Gaikwad ... Respondent ... Mr.Sunil Dighe for the petitioners Mr.Sandeep D. Shinde for respondent CORAM : D.G. KARNIK, J. DATED : 15th June 2010 P.C. 1. Heard learned counsel for the parties. 2. Writ Petition is directed against an order passed by the learned Civil Judge, Jr. Division, Dindori rejecting the application made by the petitioner plaintiff for amendment of the plaint. Learned counsel for the petitioner submits that there are some technical defects in the application for amendment. In the original plaint, petitioner had claimed possession of the suit premises while by the proposed amendment, petitioner had claimed a declaration that he was in possession. The application for amendment was rejected on the ground 2 that this totally changed the nature of the suit. Learned counsel for the petitioner submitted that this portion of amendment could have been severed and application for amendment in respect of other amendments should have been allowed. He therefore submitted that petitioner should be permitted to withdraw the application for amendment with liberty to file fresh application for amendment. Since the petitioner was previously granted similar opportunity of withdrawal with liberty to apply afresh second opportunity can be granted only subject to payment of substantial costs. 3. Petitioner is permitted to withdraw the application for amendment made at Exhibit 134 and it stands withdrawn. In view of the withdrawal of the application, the impugned order passed thereon stands quashed. It is clarified that the order is quashed not on merits but only on the ground that application stands withdrawn. Liberty to the petitioner to apply for amendment afresh subject to the condition that petitioner shall pay to the respondent costs of Rs.3,000/- as condition precedent. Writ Petition is disposed of in the aforesaid terms. (D.G. KARNIK,J.)