1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3102 OF 2009 (BABURAO D. MESHRAM & OTH. VS. SMT. SHAKUNTALAL G. MOTHARE) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri R.R.Srivastava, Advocate for Petitioners. CORAM : R.C.CHAVAN, J. DATED : JULY 29, 2009. 1. Heard learned counsel for the petitioners. 2. This petition takes exception to the order passed by learned Civil Judge Senior Division, Nagpur below Exh. 226 in Special Civil Suit No.119 of 2008, whereby he allowed the amendment to plaint after the plaintiff’s examination-in-chief was already over and the plaintiff was under cross-examination, without recording the finding that in spite of due diligence the plaintiff could not have raised the pleas earlier. The defendant had specifically raised a plea that the plaintiff was not in possession in reply to injunction application and the plaintiff’s application for injunction had been rejected, as also her appeal against such rejection. 2 3. Yet, I am not inclined to entertain this petition since interference in proceeding of the suit at this stage would unnecessarily further delay the disposal of the suit. The petition is, therefore, disposed of since, the pleas raised by the petitioners can be raised by them at appropriate stage before the trial Court itself or, should an occasion arise, before the appellate Court. JUDGE RR.