1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1417 OF 2009 Shri Madhukar Parshuram Mane. ..Petitioner. V/s. Sou.Shakuntala Manohar Potdar & Ors. ..Respondents. Mr.T.S.Ingale for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. P.C. : P.C. : P.C. : 1. The order impugned in this Petition is discretionary order passed by the Court below. No interference is warranted with regard to the order allowing amendment. However, amount of cost quantified by the Trial Court deserves to be enhanced to sum of Rs.5,000/- in the fact situation of the present case to meet the ends of justice. No other interference is warranted. 2. The Trial Court shall call upon the Plaintiff to pay cost of Rs.5,000/- in terms of this Order to be made over to the Defendant. If the Plaintiff has already paid Rs.1,500/- in terms of the direction contained in the impugned order the Plaintiff may be given adjustment to that extent. 2 3. Insofar as the argument of the Petitioner that the relief of declaration is time barred, as it is well settled position that question of limitation can always be considered at the appropriate stage. Needless to observe that the Trial Court will keep this objection in mind and not proceed to ignore that objection merely because amendment of the plaint has been permitted by it belatedly. 4. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)