WP. 5317-11 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION No. 5317 OF 2011 Sakharam Yashwant Nalawade ... Petitioner Vs. Vincent Gabrial Gomes & Ors. ... Respondents *** Mr. J. S. Kini i/b Suresh Dubey, for the Petitioner. Mr. Sudarbhaan Shinghrani, for the Respondent. *** CORAM : V. M. KANADE, J. DATE : AUGUST 10, 2011 PC: 1. Heard the learned counsel appearing on behalf of the petitioner. The petitioner is aggrieved by the order passed by the order, permitting the respondent herein to amend the appeal as well as the plaint. It is submitted that initially application for leading additional evidence was filed by the respondent which was dismissed by the lower appellate court and thereafter an application was filed for amendment of the plaint. The order dismissing his application for leading additional evidence was challenged in this court and this court was pleased to set aside the said order with a direction that the said WP. 5317-11 - 2 - application would be decided after the application for amendment of plaint was heard and decided. It is submitted that the respondents were aware of this position, and therefore, the lower appellate court erred in deciding the applications in favour of the respondents. 2. The learned counsel has invited my attention to the impugned order passed by the lower appellate court, this Court and also the impugned order which is challenged in this petition. After having heard the counsel for petitioner and respondent and after having perused the impugned order, in my view, it is not possible to interfere with the impugned orders, since the cogent reasons have been given by the lower appellate court while allowing the application. Civil Writ Petition is, therefore, dismissed; Needless to state that respondents be allowed to file an additional written- statement. [ V. M. KANADE, J.]