1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3318 OF 2010 (Avinash Z. Tagde vs. Antu G. Bhiwgade & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 29, 2010. Heard Shri Ghodeswar, learned counsel for the petitioner - plaintiff and Shri Deshmukh, learned counsel for respondent No.1. The trial Court has permitted Respondent No.1 to amend his written statement to point out that on the date of alleged agreement for sale dated 18.06.2002, he was not the owner. Shri Ghodeswar, learned counsel has contended that this amendment has come practically after three years and after the petitioner – plaintiff placed on record his affidavit of examination-in-chief. Shri Deshmukh, learned counsel has stated that Respondent No. 1 has purchased suit property on 12.09.2002 and inadvertently that fact has not been disclosed. During hearing it has come on record that Respondent No. 1 has during the pendency of suit, sold the very same property to defendant No. 2 on 05.12.2006. Defendant No. 2 is his son and the petitioner – plaintiff has added him party defendant in 2 the suit. He has filed written statement and he has specifically pointed out that his father was not the owner on the date of alleged agreement. Hence, the issue about ownership of Respondent No.1 on the date of agreement for sale arises for determination before the trial Court. Hence, by permitting Respondent No.1 to add that plea, even in his written statement, no prejudice would be caused to petitioner. I find that the suit is of the year 2006 and the matter is pending since long. Respondent No. 1 has sold property to his son and Respondent No. 2 during the pendency. In such situation, interest of justice can be met with by directing trial Court to expedite Special Civil Suit No. 489 of 2006 and decide it as early as possible and in any case by 31st March 2011. With these directions and observations, writ petition is disposed of. No order as to costs. JUDGE *GS.