IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 316 OF 2010 SHRI. KRISHNA HARISHCHANDRA MANDREKAR AND ANR., ... Petitioners Versus COMMUNIDADE OF ARPORA, THROUGH ITS ATTORNEY MR. AGNELO E. D'SOUZA ... Respondent Mr. Shivan Dessai,advocate for the petitioner. Mr. T. Pereira, Advocate for respondent no.3. Coram:- A. P. LAVANDE, J. Date:- 8th July, 2011 P.C: Heard Mr. Dessai, learned counsel for the petitioners and Mr. Pereira, learned counsel for respondent no.3. 2. By this petition under Article 227 of the Constitution of India, the petitioners challenge order dated 30/1/2010 passed by the Civil Judge, Senior Division, Mapusa in Regular Civil no.186/2006/A by which application for amendment filed by the respondent no.3 who is the plaintiff in the above suit has been allowed. The only ground urged in support of the petition by Mr. Dessai is that the question of delay in filing the application has not been considered by the Trial Court. According to Mr. Desai, the written statement was filed in May 2007 and the application for amendment on the basis of the written statement came to be filed in September 2009. No doubt there was some delay on the part of the plaintiff in filing the application. However, it is well settled that delay by itself would not debar the petitioners from seeking amendment and the other side can be compensated by payment of costs. 3. In view of the above, the impugned order requires no interference. However, the respondent no.3 who is the plaintiff in the above suit shall pay costs of Rs.1000/- (Rupees One thousand only) to the petitioners/defendant nos.3 and 4. The costs shall be deposited in the Trial Court within a period of four weeks. After the costs are deposited, liberty to the defendants nos.3 and 4 to withdraw the same. 4. Writ petition stands accordingly disposed of. A. P. LAVANDE, J. ap/-