ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1430 OF 2008 PETITION NO. 1430 OF 2008 PETITION NO. 1430 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.R.M.Haridas i/by Mr.P.N.Joshi for the Petitioners. Mr.Prasad Kulkarni i/by Mr.Prasad S.Dani for Respondent No.1. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 19th November, 2008. : 19th November, 2008. : 19th November, 2008. P.C. P.C. P.C. . This is a Writ Petition filed by the petitioners to amend the plaint, which was dismissed by the Appellate Court as the original suit itself was dismissed on 23/04/2002. This amendment application is dated 05/10/2007. The learned Judge, therefore, has considered all the facets including merits of the matter and rightly rejected the same, as by this amendment the Plaintiff wants to add more Defendants in the suit and praying for the possession of the suit premises from the Defendant. ( 2 ) 2. Admittedly, the trial Court, on merits, dismissed the suit and allowed the counter claim filed by the Defendant, by holding that the Defendant is in occupation and in possession of the suit land. The Plaintiff himself admitted that at the initial stage he was not in possession of the suit land. 3. Therefore, now moving such application for amendment, at this stag pending the appeal, the Court has rightly considered the same and dismissed by the reasoned order. There is no perversity in the order. The impugned order is within a framework of law and the record. There is no case to interfere against this interlocutory order. The petition is dismissed. 4. The claim against the proposed parties in any way can be agitated by the Petitioners, if so instructed by filing separate proceedings. ( 3 ) [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]