1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 615 OF 2010. Narayan Ramkrushna Rajedhar -: versus :- Shrikrushna R. Rajedhar and others 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 : FEBRUARY 18, 2010. Heard Shri S.V. Sohoni, learned counsel for petitioner. In a suit for partition filed in the year 2005, written statement is already filed by the petitioner/defendant pointing out that partition had already taken place in the year 1992. Thereafter when the suit was fixed for final arguments, an application was moved for condoning delay in filing counter claim. Through counter claim declaration that partition had already taken place in 1990 was sought to be incorporated. Trial court has by impugned order dated 09.12.2009 rejected it. One of the reason given by it (in para no.8), is the defence of partition in the year 1990 is already on record and issue to that effect is already formulated. In view of this, it is apparent that the trial Court has properly looked into the controversy. No case is made out warranting interference in writ jurisdiction. Writ Petition is thus dismissed, with no order as to cost. JUDGE Rgd.