1 W.P. NO. 7949/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7949 OF 2010 1. Girjaram s/o Bhusasingh Bhore, (now deceased, through his L.Rs.) 1A) Purabai w/o Girjaram Bhore, Aged about 70 years, Occ. Household, R/o Kasabkheda, Taluka Khultabad, District Aurangabad. 1B) Ajudyabai w/o Harsing Bamnawat, Aged about 42 years, Occ. Household, R/o Pimpalwadi, Post Primpri Raja, Taluka and District Aurangabad. 1C) Latabai d/o Girjaram Bhore, Aged about 40 years, Occ. Household, R/o Kasabkheda, Taluka Khultabad, District Aurangabad. 1D) Rakhabai w/o Ramsing Sundarday, Aged about 35 years, Occ. Household, R/o Eknath Nagar, House No.429, Aurangabad. 2. Gorakh s/o Asaram Bhore, Age 32 years, Occ. Agril. R/o Kasabkheda, Taluka Khultabad, District Aurangabad. ... PETITIONERS VERSUS 1. Vithal s/o Mahadu Magar, Aged 64 years, Occ. Agril., R/o Vasusaigaon, Taluka Gangapur, District Aurangabad. 2. Sayaji s/o Kisan Dhaneghar, Aged about 50 years, Occ. Agril., R/o Vasusaigaon, Taluka Gangapur, District Aurangabad. 2 W.P. NO. 7949/2010 3. Karbhari s/o Kisan Dhaneghar, Aged about 45 years, Occ. Agril., R/o Vasusaigaon, Taluka Gangapur, District Aurangabad. 4. Namdeo s/o Kisan Dhaneghar, Aged about 40 years, Occ. Agril., R/o Vasusaigaon, Taluka Gangapur, District Aurangabad. 5. Laxmibai wd/o Kisan Dhaneghar, Aged about 90 years, Occ. Nil. R/o Vasusaigaon, Taluka Gangapur, District Aurangabad. 6. Ramdas s/o Vithal Magar, Aged about 35 years, Occ. Agril., R/o Vasusaigaon, Taluka Gangapur, District Aurangabad. 7. Raju s/o Vithal Magar, Aged about 20 years, Occ. Agril., R/o Vasusaigaon, Taluka Gangapur, District Aurangabad. 8. Vijay s/o Vithal Magar, Aged about 30 years, Occ. Agril., R/o Vasusaigaon, Taluka Gangapur, District Aurangabad. ... RESPONDENTS ..... Shri V.I. Thole, Advocate for petitioners Shri Pradeep Palve, Advocate with Shri V.G. Sabne, Advocate for respondent No.1. ..... CORAM : A.A. SAYED, J. DATE : 8th December, 2010 ORAL JUDGMENT : 1. Heard. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, taken up for final hearing 3 W.P. NO. 7949/2010 at admission stage. 2. The order dated 20.4.2010, passed by the Civil Judge, Junior Division, Gangapur, District Aurangabad, whereby the respondents' application for amendment of the written statement came to be allowed, is subjected to challenge in the pesent petition. 3. The learned counsel for the petitioners states that the trial has virtually ended and, therefore, the trial Court ought not to have allowed the amendment at this belated stage when the evidence of both the parties is complete. On the other hand, the learned counsel for the respondents submits that, it is only a formal amendment wherein the law point in respect of protection of suit premises by quoting Section 53-A of the Transfer of Property Act, which remained to be mentioned in the written statement due to oversight, is required to be added. 4. Upon hearing the learned counsel for the parties, I am not inclined to interfere in the discretion exercised by the trial Court in the extraordinary jurisdiction of this Court. 5. It is noted that, in the written statement, even otherwise, 4 W.P. NO. 7949/2010 the defendants have stated that they are entitled to protect their possession under Section 53 of the Transfer of Property Act. The same obviously appears to be a mistake inasmuch as it ought to have been mentioned as Section 53-A instead of Section 53, as Section 53 relates to fraudulent transfer which is nobody’s case. It is further noted that the respondents have themselves mentioned in their application that no evidence need be recorded if the amendment is allowed. 6. In that view of the matter, the impugned order is sustained. The petition is dismissed. Rule discharged. No order as to costs. 7. It is clarified that the evidence shall not be re-opened on this count by the respondents. The petitioners would however be granted liberty to cross examine the respondents’ witness/es on this point, unless the petitioners have already cross-examined the witness/es on this score. A.A. SAYED JUDGE