1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5409 OF 2009 (Sau. Nirmala Namdeorao Fale vs. Smt. Prabhavati K. Kale) 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. MARCH 08, 2010. Heard Shri Raut, learned counsel for the petitioner and Shri V.T. Deshpande, learned counsel for the respondent. The Court below has rejected the application under Order V, Rule 7 of Civil Procedure Code after noticing that earlier application filed for the same purpose was rejected on 07.07.2009. It is apparent that no exception can be taken to that order in writ jurisdiction. The application for amendment of plaint is also rejected on 10.11.2009 after noticing that it was filed belatedly and after commencement of trial. The learned counsel has tried to urge that he was not aware of the development viz., approach by present respondent to Tahsildar in the year 2006 to substitute the lands given to her towards her 1/4th share in Execution Case vide Regular Darkhast No. 7 of 1998 by Field Survey No. 240. After getting that knowledge, the application has been filed. I have perused the application as also the 2 impugned order. The petitioner – plaintiff is party to earlier suit for partition and was also aware of execution of decree of partition passed therein. The learned counsel for the petitioner states that as per decree and original execution, the necessary pleas are already incorporated in original plaint. Attention has been invited to a statement made in written statement which shows that defendant No.1 approached Tahsildar and got possession of Survey No. 240 in May 2003. If this is the position, when written statement was filed, the petitioner – plaintiff could have taken appropriate steps. In the circumstances, I do not find anything wrong even with said order passed below Exh. 37 by the trial Court. Writ Petition is, therefore, dismissed. However, the petitioner – plaintiff is at liberty to challenge the order passed below Exh. 37 after adjudication of Civil Suit, if occasion therefor arises. There shall be no order as to costs. JUDGE *GS.