1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 526/2008 Vasundhara Saw Mill, through Proprietor ..vs.. Ramchandra Bhagwandas Dharma Fund Trust and others WITH Writ Petition No. 538/2008 Prithviraj Ramchandra Chandak and anr ..vs.. Ramchandra Bhagwandas Dharma Fund Trust and others. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. S. S. Deshpande, Advocate for the petitioners. Mr. V. R. Mundra, Advocate for the respondents. CORAM: ANOOP V. MOHTA, J. DATED : 5 th September, 2008 1. These are the writ petitions filed by tenants against the orders of rejecting the applications for amendment to the written statement at the stage when the matter are fixed for evidence. Normally, such amendment applications, which have basic intention to protract the matter, need to be rejected and the same was done by the learned Civil Judge Jr. Dn, Dhamangaon. However, considering the averments made in the applications as well as in the proposed amended paras, I find that those are 2 nothing but elaboration of the points which are already taken on record i.e. in the written statement. Therefore, without expressing anything on merits of the matter, as the learned Judge, while rejecting the application already granted liberty to the petitioners to agitate the issue during the course of the arguments still to give full opportunity, I am inclined to grant these applications basically to avoid further delay in the matter with a clear direction that the petitioners will cooperate with the trial Court in all respects and there should be no reason to delay the matter on the basis that the applications for amendment as made are granted by this Court now. 2. The respondents/landlords are free to oppose and agitate the issue and/or raise objection, if any. All the points are kept open. 3. In view of this, in the interest of justice, though there is delay in filing these amendment applications as the trial is not yet commenced except the matters are fixed for 3 evidence, I am inclined to allow these petitions as prayed. Both the petitions are allowed with above observations. The suits are expedited and be decided preferably within six months. 4. The petitions are allowed and disposed of accordingly. JUDGE kahale