1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9307 OF 2009 Vishwanath Mahadeo Gholap ........ Petitioner versus Jagannath Bayaji Chandugade ........Respondent. Mr. T. D.Deshmukh adv. for the Petitioner None for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 13th November, 2009. P. C.: 1. The suit is filed way back in the year 1989. Evidence of the witnesses is over. It is at the stage when the suit is fixed for final argument that the present petitioner make an application for amendment of the plaint. The trial court has rejected the amendment application holding that the proposed amendment changes the nature of the suit and the same is impermissible for being granted. Having regard to the fact that the suit is now at the stage of final argument, without going into the merit of the petition, I decline to interfere with the impugned order. However, I make it clear that in the event if the suit is dismissed and the plaintiff is constrained to file a regular civil appeal against the judgment and decree, it shall be open for the petitioner to challenge the order of rejection of the amendment application as well. With the said permission, this writ petition is summarily dismissed. 2 (A. P. Deshpande, J.)