wp10667.09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10667 OF 2009 Smt. Alka Achyut Dongre ....Petitioner. Vs. Shri Vinayak Mahadeo Dongre & Ors. ....Respondents. Ms. Teja Katdare for the Petitioner. Mr. Mahesh Subramanium i/by Mr. S.V. Pitre for Respondents. CORAM : ANOOP V. MOHTA, J. DATE : 15th April, 2010 P.C.: 1 The Petitioner has challenged the order of amendment application filed by the Plaintiff. The Civil Judge, Senior Division, Alibag by the impugned order dated 31/08/2009, after considering the facts, as well as on the point of limitation, rightly observed in view of Radhika Devi Vs. Bajraangi Singh & Ors. (1996) 7 S.C.C. 486, that right so accrued in favour of the party would be defeated by permitting the amendment as prayed and also for the fact that the proposed amendments of the sale made by the Plaintiff, are contrary in the original suit. 2 The written statement is filed on 20/06/1996. The Application in question was filed on 06/03/2008, i.e. after 12 years. The amendment as sought, the facts which are well within the knowledge of the parties even at wp10667.09.sxw 2 the relevant time. The subsequent transaction and/or correction of the entries, even if any, the application moved within the reasonable time; the proceedings are pending; and there is no steps taken out by the parties; and subsequently the application was filed after transfer of the proceedings, in my view, cannot be the sufficient reason to grant the amendment. 3 The Hon'ble Supreme Court in Radhika Devi (Supra), has considered that normally amendment should be allowed. But, considering the present facts and circumstances and as there is no justification for such period and the challenge so raised, as appeared to be beyond the limitation and therefore, right so already accrued in favour of Defendant, just cannot be taken away by permitting the grant of amendment, at the earlier stage. In view of above, I see there is no case made out. 4 The Petition is accordingly dismissed, with no order as to costs. (ANOOP V. MOHTA, J.)