1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 5993 OF 2011 Sarjerao N. Thorat ...Petitioner Versus Rajendra M. Pawar ...Respondent Mr.Rahul Kadam for the Petitioner CORAM:- R.Y.GANOO, J. DATED:- 19th SEPTEMBER, 2011. P.C. 1. The respondent herein in Regular Civil Suit No.293 of 2001 pending before the learned Civil Judge, Junior Division, Indapur, District Pune in Suit filed by him filed an application below Exhibit 58 for amendment of the plaint. By the said amendment respondent wanted to put up proper description of the property which was involved in the litigation. That amendment has been granted by the learned Civil Judge Junior Division, Indapur, by order dated 2.5.2011. 2. Learned Advocate for the petitioner made a grievance in this petition that on account of the grant of amendment the defence of the 2 petitioner is practically given a go by. He further submitted that the amendment is filed while the matter is at the stage of recording of evidence. I have perused the contents of the application below Exhibit 58. The nature of the amendment is innocuous and it appears that by the present amendent the respondent wants to describe the location of the well in proper manner. In my view, the Civil Judge, Junior Division, Indapur, has considered the scope of the application for amendment in its proper perspective and has granted the same by impugned order. No interference is required. It will be open for the petitioner to file written statement after the amendment is carried out and contest the suit on all counts. If the respondent has not paid costs of Rs.500/- to the petitioner, as set out in the impugned order, the respondent shall pay the costs on or before 30.9.2011. 3. Cost condition precedent for further proceeding in the suit. Petitioner to present this order to the learned Civil Judge, Junior Division, Indapur, so that he can look into the matter, on payment of costs to the petitioner. (R.Y.GANOO, J.)