(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 798 OF 2011 1. Mahadeo s/o. Ramchandra Rokde, Age : 70 years, Occupation : Agriculture & Business, R/o. Bhoom, Taluka : Bhoom, District : Osmanabad. 2. Digambar s/o. Mahadeo Rokde, Age : 19 years, Occupation : Agriculture, .. Petitioners R/o. as above. (Original plaintiffs) versus Ambadas s/o. Bhikaji Warwade, Age : 70 years, Occupation : Business, R/o. Bhoom, Taluka : Bhoom, .. Respondent District : Osmanabad. (Original defendant) ....................... Mr. R.K. Jadhavar, Advocate, for the petitioners. ........................ (2) CORAM : B.P. DHARMADHIKARI, J. DATE : 2ND FEBRUARY 2011 COURT'S ORDER : 1. Heard learned Counsel appearing for the petitioners. 2. The order dated 25-11-2009, rejecting petitioners' / plaintiffs' application for amendment is questioned in this Writ Petition which is filed on 19-1-2011. 3. The suit is filed in the year 2002. The trial court has found that the issues were framed in the year 2007 and then the petitioners / plaintiffs were not prosecuting the matter diligently. The suit was also kept for dismissal. 4. By the proposed amendment, effort is to point out correct location of well i.e. boundaries. The trial court has found that there cannot be any justification for delay in preferring the application. All other aspects are looked into by the trial court. No error or perversity could be found with the impugned order. 5. With liberty to the petitioner, to challenge the (3) impugned order passed by the trial court, after the suit is finally decided, if occasion therefor arises, the petition is disposed of. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp798