1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8238 OF 2008 Anil Ramchandra Chandak & Anr. ..Petitioners. V/s. Proposed Vasundhara Co-op.Hsg. Soc.through Chief Promoter Mr.Mahamadali Ahmadali Patel. ..Respondent. Mr.G.S.Godbole i/b. Mr.Nitin Mulye for petitioners. Mr.I.M.Khairadi for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 29, 2009. DATE : JANUARY 29, 2009. DATE : JANUARY 29, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. In my opinion, no interference in exercise of writ jurisdiction is warranted against the discretionary order passed by the Court below. 3. Indeed, the Petitioner is justified in submitting that even if the amendment is allowed in terms of order passed by the lower Court impugned in this Petition, such amendment will be subject to the pleas available to the Petitioner regarding the claim covered by the amended plaint, being barred by limitation or hit by provisions of Order 2 Rule 2 and 2 the like. This aspect will have to be considered by the Court below on its own merit in accordance with law. Dismissed with above observation. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)