1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL REVISION APPLICATION NO.70 OF 2010. Pandurang s/o Tembharu Nikure and another Vs. Smt. Mangala Sanjay Nikure and another .......................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................... Shri S.D. Khati, Advocate for Applicant. Shri R.T. Anthony, Advocate for Respondent. CORAM : R.K. DESHPANDE, J. DATE : 9th AUGUST, 2011. This application challenges the order dated 23.03.2009 passed by the learned Civil Judge, Junior Division, Gadchiroli in Regular Civil Suit No.47/2008, rejecting the application filed by the applicants/defendants under Order 7, Rule 11 r/w Sec. 9-A of the Code of Civil Procedure for dismissal of the suit. Shri Anthony, the learned counsel appearing for non-applicants-plaintiffs, has filed a Civil Application No.63/2011 for amendment of plaint and deleting certain reliefs in the suit. Shri Khati, the learned counsel appearing for the applicants/defendants, has no objection for allowing the said application for amendment. Hence, the civil application for amendment is .....2/- 2 allowed. Necessary amendment in the plaint be carried out within a period of two weeks from the date of appearance of the parties before the Trial Court. Both the learned counsels submit that the parties shall appear before the Trial Court on 30.08.2011. In view of the fact that the plaint is to be amended, Shri Khati, learned counsel appearing for the applicants/defendants, submit that the claim made in the application under Order 7 Rule 11 r/w Sec. 9-A of the C.P.C. does not survive and the suit itself can be decided on merits. In view of above, the civil revision application is dismissed as infructous. JUDGE NSN ...../-