SRJ wp-2275-10.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2275 OF 2010 Shri Vasudeo K. Mahajan .. Petitioner. V/s. Smt.Geeta R. Pardeshi & Others .. Respondents. Mr.S.S.Patwardhan for Petitioner. Mr. Vinayak V. Mujumdar for Respondent No.1. Mr. Amol Gatne i/b. Shri S.B.Deshmukh, for Respondent No. 2-b. CORAM : A.S.OKA, J. DATE : 29th MARCH,2010. P.C. : 1] Heard Learned Counsel for the Petitioner. The Petitioner is original second Defendant in the suit filed in the year 1998 by the Respondent. In the said suit filed, an application was made by the Petitioner in December,2009, praying for amendment of the written statement for incorporating a counter claim. The said application was made at a stage when recording evidence of the Plaintiff was completed. By impugned order, the said application has been rejected. 2] Considering the stage at which the application was filed, at this stage no interference is called for in writ jurisdiction under Article 227 of the Constitution of India. It is always open for the Petitioner to challenge SRJ wp-2275-10.sxw 2 the impugned order in an Appeal which may be preferred by the Petitioner against the decree passed in the above suit. 3] Notwithstanding the impugned order, it is always 0open for the Petitioner to file a separate suit praying for the relief which was sought to be claimed by way of proposed counter claim. 4] Subject to what is observed above, Writ Petition is rejected. (A.S.OKA, J. ) SRJ wp-2275-10.sxw 3