-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.272 of 2008 1. Shri Rangrao Shankar Jadhav and others ..Petitioners vs. Shri Mohanlal Parasram Pinjani ..Respondent Shri A.B.Borkar for petitioners. Shri Rahul Walvekar for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 4th February, 2008 4th February, 2008 4th February, 2008 P.C. P.C. P.C. 1. The petitioners are the original defendants in Special Civil Suit No.183 of 2006 pending on the file of the Civil Judge, Sr.Dn.,Kolhapur. 2. The respondent has prayed for relief of specific performance of an agreement for sale and in lieu for refund of the earnest money with interest. 3. The petitioners filed their written statement and lateron applied for amendment thereto. That amendment was allowed in part. Aggrieved by rejection of the application for amendment in part, the review application was -2- preferred which the Trial Judge rejected and that is how this petition. My attention is invited to page 35 of the petition paper book where the reply/response to the amendment application of the original plaintiff is set out. He prays that the application be allowed subject to payment of costs. 4. Reliance placed by the petititioners/original defendants on the Supreme Court decision reported in A.I.R. 2007 Supreme Court 1663 (Usha Balasaheb Swami and ors. Vs.Kiran Appaso Swami) has been noted by the learned Judge. The judgment proceeds on the basis that it is open for the defendants to raise inconsistent pleas in the written statement. In certain circumstances, they can be allowed if incorporated. When there is no prejudice to the respondent and when there is enough opportunity to the parties to substantiate their rival claims, so also the respondent not seriously opposing the pleas, the application for amendment could have been allowed. That would obviate further proceedings as well. In such circumstances, the order under challenge is set aside. The amendment application is allowed subject to payment of -3- costs quantified at Rs.5000/- Costs to be tendered within a period of two weeks from the date of receipt of this order. The petition is allowed. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)