wp1203.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1203 OF 2011 Dr. Kesharlal s/o Totaram Kothari ...Petitioner Versus Smt. Vatsalabai Lotu Badhe and others ...Respondents ..... Mr. Uday S. Malte, advocate for the petitioner ..... CORAM: B. P. DHARMADHIKARI, J. DATED: 21st FEBRUARY, 2011 PER COURT:- 1 Heard advocate Mr. Malte, for the petitioner/defendant. The Trial Court has by impugned order allowed amendment in the suit filed in the year 2000 challenging the sale deed executed in the month of July, 1996. Written statement was filed in the year 2001 specifically disclosing that since the date of sale deed, petitioner is in possession. No steps were taken till May, 2008 and in May, 2008, application for amendment of plaint seeking introduction of relief for recovery of possession came to be filed. He argues that the impugned order dated 6.11.2000 granting that leave is therefore, unsustainable. He also fairly points out that the petition is filed on 24.1.2011 and in view wp1203.11 -2- of the facts disclosed in para 8 of the petition challenge could not be brought to this court earlier. 2 Perusal of the impugned order reveals that trial court has looked into all relevant aspects. The suit is of the year 2000 and the amendment sought is within period of 12 years of the disputed sale deed. In any case question of limitation can be gone into while deciding the said proceeding. Similarly correctness of alleged subsequent loss of possession is also not relevant at this stage. These questions are basically dependent on facts and are still open. I find that thereby no prejudice is caused to the petitioner. The order passed in November, 2008 is sought to be assailed in January, 2011 before this court. The reason given is old age, illness as also weakness. The petitioner is stated to be 86 years old. 3 In the above circumstances, I am not inclined to interfere in the matter at this stage. Keeping all contentions open for challenge after suit is finally decided, the present petition is disposed of. No costs. ( B. P. DHARMADHIKARI, J.) rlj/ wp1203.11 -3-