1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.1003 of 2007 with C.A.No.9884 of 2007. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. None appears for the petitioners. Learned advocates for the Respondents would submit that on earlier occasion also no appearance was made and, therefore, the matter was adjourned as last chance on 30.6.2009. They would point out that there is interim stay granted in the matter and, therefore, the suit proceedings are stuck at the position where it was before filing of the amendment application. 2. The challenge in the petition is to order of rejection of the amendment application filed by the petitioners. The petitioners are original plaintiffs and sought amendment so as to include two properties which are alienated . Those properties were not included earlier at the time of filing of the suit and the nature of alienation was not subject matter of the challenge in the suit. It appears that after examination of P.W. 1 Kishor, in the midst of the trial, the application was moved. The learned Civil Judge observed that the trial has already commenced. In this view of the matter, proviso appended to Rule 17 of Order VI of the C.P.C. would be attracted. There was no material to infer that the petitioners could not have raised the subject sought to be introduced in the amendment application and, therefore, the application was not allowed. Nothing perverse is noticed from the impugned order. Consequently, the petition is dismissed. C.A. disposed of. (V.R.KINGAONKAR,J.) Dt.30.6.2009. Lateron learned advocate Mr.G.K.Thigle, appeared and prayed for restoration of the petition. S.O. to 2.7.2009. (V.R.KINGAONKAR,J.) Dt.30.06.2009. asp/office/wp1003.07