IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR WRIT PETITION NO.4594 OF 2008 Mah. State Coop. Tribal Devt. ..vs.. Yuvraj Chunarkar ================================== CORAM: B.P. DHARMADHIKARI, J. DATE:20.10.2008 Heard Advocate Shri Neware for petitioner. The grievance is court below has rejected the amendment by going on its merits. I perused the impugned order and also the petition. It is apparent that before seeking amendment, effort was made to introduce relevant documents and that effort has failed before trial court. Challenge to that order of trial court has rejected by learned Single Judge of this Court and now the controversy is reported to be pending in L.P.A. Again a plea dependent on those documents are sought to be added by amendment Trial court found that as controversy is now pending in L.P.A., the amendment cannot be allowed. Advocate Neware wants to rely upon certain judgments to show that merits of amendment could not have been gone into. There can not be any debate over this preposition. However, in peculiar facts I find the court below correct in refusing the amendment. If the L.P.A. filed by present petitioner is allowed, the petitioner is at liberty to move appropriate application before trial court. If before adjudication of L.P.A. civil suit itself is decided, liberty to the petitioner to challenge the order dated 23.9.2008 in appropriate proceedings. Writ petition is accordingly disposed of. No cost. JUDGE smp.