1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2998/2008 Siddeshwar B. Mehtre PETITIONER VS. Bhimashankar B.Mehtre & ors. RESPONDENTS Mr.A.A.Deshpande for the petitioner None for the respondents CORAM : Mrs.Mridula Bhatkar,J. DATE : 13th July,2009. P.C. . Heard the learned counsel appearing for the petitioner . 2] This petition is filed challenging the order passed by the learned Civil Judge,J.D.Barshi dated 6/1/2009 . The respondent/ original plaintiff has filed a suit for partition against the petitioner /original defendant bearing Reg.Civil Suit no.703/1988 in which during the pendency of the suit original plaintiff /respondent no.1 had filed application under Order 6 Rule 17 of the Code of Civil Procedure for the amendment in the plaint by which the respondent/original plaintiff wanted to add the property New CTS. no. 1333 which stood in the name of his grand father.The plaintiff/respondent had knowledge of this fact at the 2 later stage i.e.during the pendency of the suit and so he filed amendment application. 3] The said application for amendment was allowed by the learned Civil Judge,J.D.Barshi and being aggrieved by this order , this petition is filed . 4] The learned counsel for the petitioner has submitted that it is not correct that the plaintiff was not aware of this property and the contradictory stand is taken by the plaintiff in respect of the date of knowledge of this fact. It is further submitted that the amendment was sought at very late stage. The application suffers from delay and latches. It is contended in the petition that the evidence of the plaintiff and the defendant is tendered and the matter has reached at final stage. 5] The suit is filed for the partition and the fact about CTS no. 1333 has come to the knowledge of the plaintiff/respondent during the pendency of the suit. The amendment pertains to the main issue of the suit i.e.partition of the property and the said CTS number forms joint family property. The learned trial Judge has rightly dealt with this issue and has allowed the amendment. Such amendment is to be allowed to decide the issue entirely and finally. 3 I do not find any illegality in the order passed by the learned trial Judge. There is no merit in the petition . The petition stands dismissed. No costs. (Mrs.Mridula Bhatkar,J.)