1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 6490 OF 2011 Ananda Laxman Pawar ...Petitioner Versus Indubai Shamrao Jadhav ...Respondent Mr.Amit Borkar for the Petitioner CORAM:- R.Y.GANOO, J. DATED:- 9th SEPTEMBER, 2011. P.C. 1. Order dated 2nd July, 2011 passed by the learned District Judge-3, Kolhapur, District Kolhapur, below Exhibit 42 in Regular Civil Appeal No.307 of 2005 is challenged in this petition. 2. Learned Advocate Mr.Borkar submitted that the impugned order is required to be set aside by this court on the ground that the petitioner ought to have been permitted to carry out amendment in order to place the petitioner’s contentions before the court. 2 3. In so far as this point is concerned, it is noticed that the learned District Judge has, in paragraph 4 noted the rival submissions and the point which was required to be decided by him and he has observed specifically that the point raised by the petitioner will be considered in appeal, if argued. He has also made further observations in paragraph 4 as to what shall happen if the petitioner succeeds etc. In my view, those observations clearly protect the interest of the petitioner. Hence there is no need to interfere with the impugned order. Petition is therefore dismissed at the stage of admission with no order as to costs. (R.Y.GANOO, J.)