: 1 : 5826-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5826 OF 2011 Mr. Fazaluddin Aminuddin Mulla Since deceased through LRs & Ors. .. Petitioners v/s. Dilawar Dastagir Inamdar & Anr. .. Respondents ......... Mr. S.S. Patwardhan for the petitioners Mr. Prasad B. Kulkarni for the respondents ......... CORAM : R.Y.GANOO, J DATE : 14th SEPTEMBER,2011. P.C. : 1. The petitioners are a defendants in the R.C. Suit No.19 of 2006 in the Court of learned Civil Judge Junior Division, Atpadi. The respondents initially filed the suit for perpetual injunction and declaration and thereafter the respondents filed an application for amendment of the plaint. By the said amendment application, the respondents sought relief regarding specific performance of Agreement to Sell dated 17th March, 1994. That application at Exh.55 has been granted by learned Civil Judge Junior Division, Atpadi by order dated 19th November, 2010. This order dated 19th November, 2010 has been challenged in the present petition. : 2 : 5826-11-wp=.sxw 2. I have heard learned Counsel on both sides. Learned Civil Judge Junior Division, Atpadi has gone into question as to whether the amendment would be beyond the period of limitation and she has observed in the operative part that “point of limitation is kept open”. This will clearly mean that the present petitioners will be at liberty to file an additional written statement and contend therein that the suit instituted after the amendment, will be beyond the period of limitation. Since the petitioners will get an opportunity to raise appropriate defences on the plaint, which will stand amended, the interest of justice would be served and it will be open for the present petitioners to oppose the plaint as a whole. 3. In view of the above observation, no interference is required. Petition is dismissed at the stage of admission with no order as to costs. (R.Y.GANOO, J.)