1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 4577 OF 2009 1] Mohan S/o Chandrashekharrao Dharmadhikari Pedgaonkar Age 38 years, Occu. Business R/o Ramkrashana Nagar Parbhani, Dist. Parbhani 2] Tukarampant S/o Shrirangrao Dharmadhikari Pedgaonkar Age 65 years, Occu. Pensioner R/o Karegon, Behind Sant Tukaram College, Parbhani Dist. Parbhani. 3] Kalidas S/o Shrirangrao Dharmadhikari Pedgaonkar, Age 65 years, Occu. Pensioner R/o Revenue Colony, Basmath Road, Parbhani. 4] Purushottam S/o Shrirangrao Dharmadhikari Pedgaonkar, Age 55 years, Occu. Service R/o Ramkrashana Nagar, Parbhani C/o Smt. Meena Deshpande. 5] Ramakant S/o Shrirangrao Dharmadhikari Pedgaonkar, Age 50 years, Occu. Service, R/o Agriculture Schol, Latur Road, Ambajogai, Dist. Beed. 6] Durgadas S/o Srirangrao Dharmadhikari Pedgaonkar, Age 45 years, Occu. Service, R/o Jagruti Colony, Near Sarang Swami School, Parbhani. ..Petitioners. Versus 1] Dhananjay S/o Chandrashekharrao Dharmadhikari Pedgaonkar, Age 41 years, Occu. Service R/o C/o Napur Hotel Osmanpura, Aurangabad. 2 2] Krashnakumar S/o Chandrashekharrao Dharmadhikari Pedgaonkar, Age 58 years, Occu. Business R/o Ramkrashana Nagar Parbhani, Tq. & Dist. Parbhani. 3] Vaijanath S/o Chandrashekharrao Dharmadhikari Pedgaonkar, Age 50 years, Occu. Service, R/o in front of Nutan College, Sailu, Dist. Parbhani. 4] Manu S/o Gangadharrao Dharmadhikari Pedgaonkar, Age 25 years, Occu. Bhikshuki R/o Pedgaon, Tq. & Dist. Parbhani. 5] Smt. Umabai W/o Gangadharrao Dharmadhikari Pedgaonkar, Age 25 years, Occu. Household, R/o as above. 6] Sanjay S/o Purbhaji Harkal, Age 34 years, Occu. Agri., R/o as above. 7] Achyut S/o Namdeorao Gaikwad, Age 42 years, Occu. Agri & Service R/o as above. ...Respondents. Shri. Milind M. Patil (Beedkar), Advocate for the petitioners Shri. Abhijeet Namde , Advocate for the respondent No. 1 Shri D.V. Katneshwarkar, Advocate h/f P.N. Kalani for respondent Nos. 4 & 5 Shri S.S. Langote, Advocate h/f Chaya Gaikwad for respondent Nos. 6 & 7 CORAM : R.K. DESHPANDE, J. DATE : 04th August, 2010. ORAL JUDGEMENT :- 1. This Writ Petition challenges, order dated 21st January, 2010 3 passed by the learned Civil Judge Senior Division, Parbhani below Exh. 45 in Special Civil Suit No. 73 of 2007. The petition is preferred by original defendant No. 2 and defendant Nos. 4 to 6. They had opposed the application for amendment before the Trial Court. 2. Notice in this matter was issued on 21st August, 2009 and the proceedings before the Trial Court were stayed. Shri D.V. Katneshwarkar Advocate h/f Smt. P.N. Kalani for respondent Nos. 4 & 5 and Shri S.S. Latange Advocate h/f Smt. Chaya Gaikwad for respondent Nos. 6 & 7. 3. The contention of the petitioner is that by introducing para No. 6(a) in the plaint, the plaintiff is trying to withdraw the admission which he had given in Regular Civil Suit No. 184 of 1999, wherein he was defendant. It is the submission of learned counsel for the petitioner, in this suit issues are framed and issue No. 1 is whether the plaintiff proves that the suit property is joint family property and he has divided 1/8th share in it? The learned counsel submits that now by introducing para No. 6(a) the plaintiff wanted to allege that the suit property was not a self-acquired property of Shri Shrirang and it was joint family property. The issue is already framed, it will be open for the petitioners to file additional consequential amendment in the written statement opposing the said plea. The learned counsel for the petitioners relies on the Judgment of this Court, in the case of “Janu Laxman Kumbhar V/s. 4 Pandurang Laxman Kumbhar, reportd in 2001(4), Mh.L.J.” However, I am not inclined to go into the question whether the Trial Court was right in allowing the application or not at this stage. If, the decision ultimately goes against the petitioners it will be open for them to raise all such points by filing an appeal in accordance with law. The petition is therefore dismissed. There shall be no order as to cost. [ R.K. DESHPANDE, J. ] SDM*4577.09WP