1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.8139 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Amit Shete for the petitioner. Mr.Ajay A. Joshi for respondents 1 to 3. CORAM : ANOOP V. MOHTA, J. DATED : 16.12.2008 P.C. The petitioner has challenged the impugned order dated 2.7.2008 whereby his application for amendment was rejected. The suit is for injunction on the basis that the plaintiffs are joint owner of the property and therefore not to create any third party right or interest in the same. The issues are framed. Therefore, at this stage, to move such application to bring on record the provisions of law, in my view, is 2 wrongly rejected. The submission that there is no justification given though relevant, but considering the controversy as raised and for proper adjudication, it is necessary to place on record this aspect of facts and law based upon the pleadings on record. This facet is necessary for final adjudication of the suit itself. Therefore, in my view, there is no reason not to grant this amendment application. In the result, the amendment application is granted. However, this is subject to costs of Rs.2,000/- to be paid within four weeks from today to the other side as a condition precedent. The petition is allowed accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]