1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3986 OF 2010 Avinash Hiraman Banker and another -: VERSUS :- Baburao Rajeramji Khobragade Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 06, 2010. Heard Shri R.V. Gaikwad, learned counsel for petitioners/defendants and Shri S. Bhuyar, learned Counsel for respondent/plaintiff. Shri Bhuyar, learned Counsel has pointed out that the respondent / plaintiff has already filed his affidavit in examination-in-chief in June, 2009. The petitioner has filed application for amendment on 17.12.2009 and sought leave to incorporate his dispossession which had taken place on 10.06.2008 with all consequential amendment also to his counter claim. 2 Trial Court has found that trial had already commenced and there was no justification for seeking such amendment belatedly. All relevant aspects are considered by the trial Court and there is no jurisdictional error. Petition is therefore, rejected. No costs. However, petitioners are at liberty to challenge the said order after final adjudication in the suit, if occasion therefor arises. JUDGE Rgd.