dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.5144 OF 2008 PETITION NO.5144 OF 2008 PETITION NO.5144 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.R.G.Ketkar for the Petitioners. Mr.Prataprao Shinde for respondents 1 and 2. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 3rd October, 2008. : 3rd October, 2008. : 3rd October, 2008. P.C. P.C. P.C. By the present petition, the petitioners (org. def no.2 & 3) have challenged two orders first is dated 6.1.2007 whereby the application filed by the plaintiff to delete certain properties was allowed and second is dated 6.5.2008, whereby the petitioners’ application to add the same property was dismissed. Admittedly, the order on the application for amendment for deletion of the property in question is of 6.1.2007 which was passed after hearing both the parties. That order remained intact till this date. The reasoning given while allowing the said amendment ( 2 ) by observing that the defendants have no right or no dispute to the contention in para 3A and further that the withdrawal of the pleadings by the plaintiff does not likely to cause prejudice to the rights of the defendants. Anyway, the same once taken note of, by observing that the defendants have no right or concern with the properties mentioned in paragraph, I see there is no reason now to interfere with the said order at this stage of the proceedings where the trial of the suit is practically concluded and is at the hearing stage. I have also gone through the averments made in the application which is without any reason now again to add the property in view of the earlier order of deletion of the said property. Therefore, taking all this into account, I see there is no reason to interfere with the said orders. The petition under Article 227 of the Constitution of India is accordingly dismissed. ( 3 ) [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]