1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3289/2008 (Maroti Gangaram Randhaye vr. Dhanraj Nathuji Ladwe.) CORAM : B.P.Dhamadhikari, J. DATE : 4 th DECEMBER, 2008 Heard. The petitioner/defendant after two remands wanted to incorporate additional two defences in his written statement. The first is argument pointing out the absence of diligence on the part of petitioner/ plaintiff. The second is about the status of property agreed to be sold by deceased Gangaram to the plaintiff. It is being contended that the property was joint family property and it could not have been agreed to be sold. The trial Court has noticed that the amendment was belated and after two remands. I find that the suit is of year 2000. There is no explanation as to why these pleas could not have been raised earlier. The two remands by lower appellate Court to the trial Court cannot be the reason for not raising these pleas earlier. Hence, I am not inclined to interfere in the matter in writ jurisdiction. The petition is, therefore, dismissed with no 2 order as to costs. However, petitioners are at liberty to challenge the impugned order dated 10th July, 2008, after final adjudication of civil suit if circumstances so warrant. JUDGE Rvjalit