-: 1 :- SPB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7309 OF 2008 WRIT PETITION NO. 7309 OF 2008 WRIT PETITION NO. 7309 OF 2008 Ramesh Piraji Shelar .. Petitioner. V/s. Smt. Chandrabai Laxman Shelar & Ors. .. Respondents. --- Mr. A.R. Kapadnis for the Petitioner. Mr.M.T.Pise for the Respondent Nos. 1,3 & 4. --- CORAM : ANOOP V. MOHTA, J. CORAM : ANOOP V. MOHTA, J. CORAM : ANOOP V. MOHTA, J. DATED : 04TH DECEMBER,2008. DATED : 04TH DECEMBER,2008. DATED : 04TH DECEMBER,2008. P.C.: P.C.: P.C.: 1. The petitioner/plaintiff’s application for amendment was rejected on the ground of delay and latches and further that he wants to bring on record some controversial facts. 2. In the present case, the petitioner wants to correct the name in the genealogy. This would, in my view, is essential in a suit for partition to adjudicate issues from all side. The Supreme Court recently held that the aspect of genealogy must be considered at the earliest as it goes to the root of the matter. Taking -: 2 :- all this into account though the trial begins, in the present facts and circumstances of the case, the permission to amend the genealogy needs to be consider by the trial court itself at the earliest. 3. In the interest of justice and for proper adjudication of the issues as raised, the amendment application as filed is allowed. However, this is subject to the cost of Rs. 1500/- to be paid to otherside within two weeks from today. The petition is accordingly allowed. No cost. (Anoop V.Mohta,J) .....