((-1-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9112 OF 2005 Nivruti Ramchandra Chavan & ors. Petitioners versus Pravinkumar Nivrutti Chavan & ors. Respondents Mr.R.V.Morey for petitioners. Mr.A.M.Kulkarni for respondents. CORAM : S.C.DHARMADHIKARI, J. DATE : 18th January 2006 PC : 1. Shri Morey appearing in support of this petition to challenge an order allowing amendment in Regular Civil Suit No.73 of 1996, pending on the file of Civil Judge, Junior Division, Jath, District Sangli, on instructions from the petitioners who are original defendants 1 to 4 and 6, makes a statement that petitioners would not raise an objection to the valuation of the suit premises by the original plaintiff-respondent no.1 before me. 2. It appears that only because of the objection ((-2-)) raised by the petitioners that the first respondent moved the instant application for amendment and which has been allowed. The amendment, according to the respondent no.1- plaintiff, was necessitated because valuation of the suit properties in the year 1996 was challenged. 3. Now, that the pleas with regard to valuation of the suit properties having been expressly given up and the Trial Court not being required to go into these aspects, the amendment application itself is not necessitated. The plaint need not be amended to incorporate additional pleas with regard to valuation. Thus, Exhibit-148 (Amendment Application) preferred by first respondent is rendered infructuous. It is disposed of as infructuous. The order under challenge, therefore, does not survive. 4. In the light of the above, the plaint is not required to be returned for presentation to the Civil Judge, Senior Division, Sangli. If the plaint is returned and/or presented, the same shall be represented before the Court at Jath and suit No.73 of 1996 would stand restored to it’s file. Thereupon, the learned Civil Judge, Junior ((-3-)) Division, Jath shall dispose of the suit on merits and in accordance with law within a period of six months from today. If the court fees are paid by first respondent in the Court of Civil Judge, Senior Division, at Sangli, the same be refunded back to first respondent-plaintiff on production of certified copy of this order. (S.C.DHARMADHIKARI, J.)