1 WP 3713.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3713 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.K.Joshi, Advocate holding for Mr. S.S.Deo,Advocate for the Petitioner .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 27/06/2011 PER COURT : 1. Heard Mr. P.K.Joshi, the learned counsel for the petitioner. 2. The present Petitioner is the original defendant, who had filed an application for amendment incorporating the amendment that if at all the partition is to be effected, then the defendants should be allotted the shares of their vendors. 3. Mr. P.K.Joshi, the learned counsel for the petitioner submits that there was no impediment 2 WP 3713.2010 for the Court to allow the said amendment in as much as the same was legal in nature. According to the learned counsel, the said amendment was necessary and relevant for the effective adjudication of the dispute. 4. The amendment sought was in the nature of an equitable relief. The petitioner can always claim equity even at the time of the final trial or even in execution. For the said purpose, the amendment would not be necessary. It is the discretion of the Court whether to grant an equitable relief or not. The petitioner can agitate the aspect, which is sought to be pleaded by way of an amendment at the relevant time. No interference is called for in the supervisory jurisdiction of this Court. 5. In light of the above, the Writ Petition is dismissed, however, with no order as to costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 3713.2010