1 ca440.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.440 OF 2011 IN CIVIL REVISION APPLICATION NO. 282 OF 2010 Gelot Hiralal Dittiyya ....Applicant. Vs. M/s. Pioneer Saw Mills & Timber. ....Respondent. Mr. N.B. Khan, Advocate for Applicant. Mr. R.T.Shinde, Advocate for Respondent. CORAM:- GIRISH GODBOLE, J DATED:- AUGUST 17, 2011 P.C. 1. This is an application for amendment of memo of CRA in accordance with the schedule of amendment. Learned Advocate for the Respondent states that the Respondent would like to file reply for opposing the amendment since the proposed amendment seeks relief of restoration and the proposed amendment contains wrong/false and factually incorrect avernements regarding dispossession. However, that aspect will have to be considered after amendment of memo of CRA and it is not necessary to defer hearing of this Civil 2 ca440.11 Application. Civil Application accordingly deserves to be allowed in terms of prayer clause (a) alone. 2. It is clarified that granting relief in terms of prayer clause (a) does not amount to accepting any of the averments in the schedule of the amendment or the averments in paragraphs 10 to 13 of the Civil Application. Correctness of the said averments in the Civil Application as also the averments in the proposed amendment will be considered after the memo is amended. 3. Subject to above clarification, the Civil Application is allowed in terms of prayer clause (a) alone. Amendment be carried out within four weeks from today. Amended copy of the memo be served on the Advocate for the Respondent within one week after the amendment. The Respondent will be free to file reply. List the CRA for admission after 10 weeks. (GIRISH GODBOLE, J)