1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8255 OF 2010 Chandrakant Gulab Amale and others Petitioners Versus Bhimrao Haribhau Amale and another Respondents Mr. V.B.Anjanwatikar, advocate for petitioners. CORAM: R.M.BORDE, J. DATE : 01 st October, 2010. P.C.: 1 An application seeking amendment has been allowed by the trial Court and said order passed during continuance of the suit, is subjected to challenge in this petition at the instance of petitioners – original defendants. 2 It is stated that the application for amendment is presented at belated stage i.e. after more than twenty years of institution of the suit. Suit is of the year 1978 and claim raised in the suit is for partition and separate possession. 3 It is contended by the plaintiff that during 2 continuance of the suit, father of plaintiff, who was original defendant no.1 had died, which has impact on computation of shares receivable by the parties. The amendment relates to the claim raised by plaintiff in respect of his entitlement of share in the joint family property, after demise of his father. 4 The contention raised by plaintiff cannot be denied as there would be change in computation of shares allottable to the coparceners on account of death of father of plaintiff. Even otherwise also, the Court has to take note of factum of death of defendant no.1 and to consider entitlement of the parties to receive shares during partition. So far as amendment sought in respect of impleadment of legal heirs of one of defendants is concerned, petitioners herein – original defendants have made a statement before trial Court that they have no serious objection in that regard. 5 Considering interlocutory nature of the proceedings, no interference is called for at this stage. Petition is devoid of substance. 6 Writ Petition, therefore, stands rejected. (R.M.BORDE) JUDGE ******* adb/wp825510