1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1305 OF 2010 Laxman Keshav Khot & Ors. .. Petitioners versus Kanhayalal Bhagwanshing Khot .. Respondent Mr.U.B.Nighot for the petitioners. CORAM : A.S.OKA, J. DATE : 23rd February 2010. P.C.: . Heard learned counsel appearing for the petitioners. By the impugned order the Appellate Court has rejected an application made by the petitioners (original plaintiffs) at Exhibit 10. The petitioners are appellants in the pending appeal against a decree. An application for amendment was made during the pendency of the suit at Exhibit 43 which came to be rejected. In appeal preferred by the petitioners there is a challenge to order passed below application at Exhibit 43. An application was made during the pendency of the appeal praying that Exhibit 43 filed in the trial Court may be taken up for hearing and decided. By the impugned order, the said application has been rejected. The Appellate Court has rightly observed that the challenge to the order passed below Exhibit 43 by the petitioners will be considered on its own merits while deciding the appeal finally. There is no reason to interfere with the impugned order as the challenge of the petitioners to the order passed below Exhibit 43 has been expressly kept open. Writ petition is rejected. (A.S.OKA,J)