:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2277 OF 2008 PETITION NO.2277 OF 2008 PETITION NO.2277 OF 2008 Wamanrao Daguji Bodke & Ors. ..Petitioners V/s Smt. Padmini Nandkumar Nayar & Ors. ..Respondents Mr. Ajay Talhar with Shilpa M. Linge for the petitioners Mr. A.M.Kulkarni for respondent No.1. CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 26TH JUNE, 2008 : 26TH JUNE, 2008 : 26TH JUNE, 2008 P.C. 1. The amendment application of respondent No.1, who was the plaintiff in the suit was allowed by the trial Court, which is challenged in this petition by the petitioners, who are the defendant Nos. 1 to 4 in the suit. 2. According to the petitioners the cause of action has changed by allowing an amendment. Certain admissions have been given in the suit which are now sought to be taken away by the amendment. It is further submitted that the amendments are also hit by Limitation Act as the relief claimed is time barred. The learned Counsel for the petitioners relied upon :2: the case of Heeralal V. Kalyan Mal and Others, Heeralal V. Kalyan Mal and Others, Heeralal V. Kalyan Mal and Others, reported in AIR 1998 SC 168, Radhika Devi V. Radhika Devi V. Radhika Devi V. Bajrangi Bajrangi Bajrangi Singh, Singh, Singh, reported in AIR 1996 S.C.2358 and Shakuntala Shakuntala Shakuntala J. Gujar V. Dilip R. Pawar and another J. Gujar V. Dilip R. Pawar and another J. Gujar V. Dilip R. Pawar and another reported in 2001(3) Bom. C.R. 247. 3. I have gone through the impugned order and the material on record, including the decisions cited by the learned Counsel for the petitioner. In my view, the reasons for allowing the amendment cannot be faulted and the discretion exercised by the Trial Court is judicious. The impugned order therefore, does not call for interference. 4. It is however, clarified that it will be open to the petitioners to raise the plea of limitation in the Trial Court and subsequent proceedings if any. 5. With the aforesaid observations, the petition is dismissed. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)