1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1663 OF 2009 M/s.Tanna & Patel & Anr. .. Petitioners. Vs. Mrs.Santosh R.Ahluwalia & Ors. .. Respondents. Mr.P.K.Dhakepalkar, Sr.Counsel i/b M/s.Dalal & Co. for the petitioners. Mr.Niranjan Vahela i/b M/s.Pandya & Co. for the respondents. Coram : D.B. BHOSALE, J. Dated : 22ND SEPTEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. By this writ petition, the petitioners have impugned the order dated 12.12.2008 by which their application for amendment has been partly allowed. Mr.Vahela, learned counsel for the respondents submits that by way of an amendment, in terms of paragraph 1 to 9 in the schedule, the petitioners seek to delete certain admissions/statements made in the original written statements. In view of this objection Mr.Dhakepalkar, learned senior counsel for the petitioners, on instructions, submits that the petitioners are prepared to file fresh application for amendment including the amendment in terms of paragraph 1 to 9 in the schedule, but without deleting any 2 portion/statements/admissions from the original written statement. The learned counsel for the parties have agreed for the following order: The petitioners are allowed to file fresh application for amendment including the amendment prayed for in paragraphs 1 to 9 in the schedule. The petitioners, however, while seeking amendment shall not delete any statements/admissions from the original written statement. If such an application is filed, the same may be considered afresh on merits in accordance with law. All contentions of the parties are kept open. The writ petition is disposed of. (D. B. Bhosale, J.)