KBP 3948-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3948 OF 2009 Narayan Dagdu Barkale ..Petitioner Vs. Suryabhan Ramchandra Vaje and ors. ..Respondents ......... Mr.R.M.Hardas h/f.Mr.P.N.Joshi, for petitioner. Mr.G.R.Agrawal, for respondent No.1 and 2. ......... CORAM : A.S.OKA, J.. DATE : 27 th August, 2009. P.C. : 1] Heard learned counsel for the petitioner. By this petition under Article 227 of the Constitution of India the petitioner has challenged the order of the trial court by which application for amendment of written statement has been rejected. The application for amendment was filed by the petitioner after the recording of evidence commenced. 2] Considering the facts and circumstances of the case, at this stage, interference cannot be made as the suit is already part heard. The order impugned in this petition is capable of being challenged in an appeal which may be preferred by the petitioner for challenging the decree passed in the suit if the decree is adverse to the petitioner. Considering the stage at which the suit is pending as of today and considering the nature of amendment, the petition is not entertained and is disposed of by keeping all questions open. ( A.S.OKA, J. )