1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1122/2009. (Vijay Vishwanath Kalaskar -: versus :- Lakhichand @ Lakhmichand Kewalram Hariyani and others ) WRIT PETITION NO. 3301/2009. (Vijay Vishwanath Kalaskar -: versus :- Lakhichand @ Lakhmichand Kewalram Hariyani and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 06, 2010. Heard Shri S.V. Sirpurkar, learned counsel for petitioner and Shri M.P. Khajanchi, learned counsel for respondent no.1. The document filed as “Sammati Patra” is exhibited on record by the impugned order dated 21.01.2009 and objection as regards its admissibility is kept open. The trial Court has noticed that whether it was necessary to plead said document or not, is the question required to be gone into on merits of the matter. The respondent / plaintiff had also moved application under Order VI Rule 17 of the Code of Civil Procedure to incorporate the pleadings about the said document. The trial Court has also allowed that amendment. After hearing the respective parties, I find that the objection by the present petitioner to alleged Sammati Patra was that it was infact a relinquishment deed and it is 2 not pleaded. The records do not show that existence of document was in dispute. In these circumstances, as the petitioner had questioned very nature of the document and if the document is held to be relinquishment deed, it require registration, that aspect together with objection to its admissibility is kept open. The impugned order dated 21.01.2009 passed below Exh.1 in Special Civil Suit No.10/2001 is modified to that extent ony. As already noted above, the suit filed is of the year 2001 and the trial Court while allowing the amendment has noticed that the document was on record and because of the objection taken in evidence, the amendment has been sought, the amendment does not change the nature of suit. Hence, I am not inclined to interfere in the matter in writ jurisdiction. Writ Petitions are thus partly allowed and the order dated 21.01.2009 is clarified to the extent mentioned above. No costs. At the request of parties proceedings in suit is expedited and the trial Court shall attempt to decide the same as early as possible and in any case by 31.03.2011. Certified copy expedited. JUDGE Rgd.