1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1255 OF 2009 Shrikrishna s/o Hiraman Sali, R/o. Jafar Gate, Aurangabad and another. .. Petitioners Versus Vinodkumar s/o Khemaji Lodiya, R/o. Govindji Factory Campus, Mondha Road, Aurangabad & Anr. .. Respondents ... Mr. H.T. Joshi, Advocate for petitioners. Mr. S.V. Gangapurwala, Advocate for respondent No.1. ... CORAM : K.K. TATED, J. DATE : 17TH AUGUST, 2009. PER COURT : 1. Heard learned Counsel for both the parties. 2. Present Writ Petition is filed by the original defendants for carrying out amendment in Written Statement at appellate stage. The 2 petitioners preferred application below Exhibit-21 in R.C.A. 39/2005 under Order 6 Rule 17 of the Code of Civil Procedure for amendment in W.S. in R.C.S. No. 177/1999. 3. By consent of both the parties, the application preferred by the petitioners below Exhibit-21 in R.C.A. No.39/2005 is allowed without prejudice to the rights and contentions of the respondents - original plaintiffs, in appeal. 4. The impugned order dated 04-11-2008 is set aside. The application below Exhibit-21 preferred by the petitioners under Order 6 Rule 17 of the Code of Civil Procedure is allowed. 5. Writ Petition is disposed of accordingly. [ K.K. TATED, J.] sut/AUG09/wp1255.09