1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4914/2009. ( Gajanan Keshaorao Kohle -: versus :- Smt. Dayabai R. Tanwani ) 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 : DECEMBER 15, 2009. Heard Shri Mohd. Ateeque, learned counsel for petitioner and Shri P.N. Mehta, learned counsel for respondent. Challenge is to common order passed below Exh. Nos. 31, 33 and 34 on 14.10.2009. The amendment to written statement in Regular Civil Appeal to incorporate a plea that suit house is situated in slum area has been rejected by the District Judge-11, Nagpur. Perusal of application moved for that purpose, reveals that, change of counsel is stated to be the reason. The facts sought to be added to support this contention i.e. construction of bath room and latrine by the Slum Authorities [as alleged], is not a new fact and it is not the contention that the said construction had come up after the judgment of trial Court. In these circumstances, I find that no exception 2 can be taken to the application of mind by the Lower Appellate Court. Writ Petition is therefore, dismissed. However, the petitioner is at liberty to challenge the said rejection, after adjudication, in appeal, if occasion therefor arises. No cost. JUDGE Rgd.