1 W.P. No.5509/11. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5509 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.A.P.Basarkar, advocate for the petitioner. Mr.Amol S.Gandhi, advocate for Respondent Nos.3 and 4. Mr.U.B.Bilolikar, advocate for Respondent No.6. CORAM : S.V.GANGAPURWALA,J. Date : 28.09.2011. PER COURT : 1. Heard. 2. The petitioner has filed a suit for partition and declaration of sale deed executed by the defendants. During pendency of the suit, the petitioner filed an application U/o 6 Rule 17 of the C.P.C., seeking incorporation of para 5-A. The said application is rejected. Aggrieved thereby, the present petition is filed. 3. Mr.Basarkar, learned counsel for the petitioner contends that the petitioner was seeking to include the property about plot No. 302/4 (new), old No.302/2 as one of the suit properties. The Court 2 W.P. No.5509/11. has erroneously rejected the said application. The trial is yet to commence. The application of the petitioner should have been allowed. 4. Mr.Gandhi, and Mr.Bilolikar, learned counsels for the Respondents support the order passed. 5. Perusal of the amendment application, it is manifest that the petitioner has not added the said property as a suit property but has only given explanation in respect of the said property which is not the suit property. In view of that the argument of Mr.Basarkar, learned counsel that by virtue of the said amendment, he was trying to introduce the said property as suit property can not be considered. 6. The Writ Petition is dismissed. However, there shall be no order as to costs. 7. The petitioner may, if so advised, file an application for amendment for inclusion of the said property as the suit property which application the Court would consider on its own merits. (S.V.GANGAPURWALA,J.) Dt.28.09.2011. asp/office/wp5509.11 3 W.P. No.5509/11.