1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 8079 OF 2008 IN WRIT PETITION NO. 3536 OF 2008 Santosh s/o Gobji Patil, deceased through Legal Heirs Fakira s/o Santosh Patil ...Applicant VERSUS Lahyabi w/o Mahadu Patil and others ...Respondents ..... Shri P.R.Patil, advocate for the Applicants Shri R.F.Totla, advocate for respondent nos. 1 and 2 Shri V.B.Ghatge, A.G.P. for respondent nos. 3, 5 and 6 ..... CORAM : S.B.DESHMUKH AND SHRIHARI P.DAVARE, JJ. DATED : 22 nd October, 2010 PER COURT : 1 Heard learned counsel for the respective parties. 2 This is an application preferred by the applicants (original petitioners) seeking amendment to Writ Petition No. 3536 of 2008. 2 3 Shri Totla, advocate appearing for respondent nos. 1 and 2 has filed affidavit in reply and opposed the present application vehemently. 4 For the reasons stated in the application and after considering the rival submissions advanced by the learned counsel for the parties, we are inclined to allow the said application in the interest of justice and to decide the controversy between the parties finally, but subject to costs of Rs. 2,000/- to be paid by the applicants to respondent nos. 1 and 2. 5 In the result, present application is allowed in terms of prayer Clause ‘A’ thereof and applicants are permitted to carry out the proposed amendment within the period of one week, subject to payment of costs of Rs.2,000/- to be paid by the applicants to respondent nos. 1 and 2 and applicants are directed to place amended copy of the petition on record and also to serve copies of amended petition to learned counsel for respondents within one week, and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) (S.B.DESHMUKH, J.) dbm/ca8079.08