kbp 1 6814-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6814 OF 2009 Balkrishna Sakharam Patne ..Petitioner Vs. Khar Gymkhana ..Respondent ......... Mr.S.M.Gorwadkar, for petitioner. Mr.R.Punwani, for respondent. ....... CORAM : A.S.OKA, J.. DATE : 12 th OCTOBER, 2009. P.C. : 1] Heard learned counsel for the parties. 2] An application made by the petitioner at exhibit 14 for production of additional evidence has been rejected by the appellate court. It is pointed out that the said application was based on an application for amendment of the plaint filed by the petitioner. Application at exhibit 9 for amendment of plaint has been ordered to be heard along with the main appeal. Whether the petitioner can be permitted to adduce additional evidence is a question which can be decided only after the court considers the application made by the petitioner for seeking permission to amend the plaint. 3] In the circumstances, it will be in the interests of justice if the impugned order is quashed and set aside and the application at exhibit 14 is ordered to be kbp 2 6814-09.sxw heard along with the appeal. 4] Hence, the petition is disposed of by passing the following order: (a) The impugned order dated 30 th June, 2009 is quashed and set aside and the application exhibit 14 is restored. It is made clear that the order is not set aside on merits and it is set aside on the ground that the application for amendment is pending. (b) The application for amendment of the plaint (exhibit 9) and the application (exhibit 14) will be considered by the appellate court at the time of final hearing of the appeal. (c) All contentions of the parties on merits of the appeal are kept open. (d) Hearing of the appeal is expedited. ( A.S.OKA, J. )