1 wp290.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 290 of 2011 Ramchandra Aabaji Lambore ..Petitioner v/s. Mr. Chandrashekhar Pandurang Warange ..Respondent Mr. A.N. Kulkarni for the petitioner. Mr. Shriram S. Redij – advocate for the respondent. CORAM:- B.R. GAVAI, J DATED :- JANUARY 14, 2011. P.C. By way of present Petition, the Petitioner challenges the order dated 27th September, 2010 vide which the Application filed by the present Petitioner-defendant for recasting and framing additional issues came to be rejected. 2. Learned Trial Court has also found that the Application is filed after the matter is fixed for final arguments. The order passed by the Learned 2 wp290.11.sxw Trial Court is passed under discretionary jurisdiction. Unless it is found that the discretion has been exercised in a perverse manner, it is not permissible for this Court to interfere with the same under the extraordinary jurisdiction under Article 227 of the Constitution of India. Apart from that, in the event of the decision of the suit goes against the present Petitioner, he will always be at liberty to challenge the order in view of the provisions of Order 43 Rule 1-A of the CPC. 3. In that view of the matter, no case is made out for interference. Hence, rejected. (B.R. GAVAI, J)