1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1997 OF 2010 Kisan Ambadas Narale .. Petitioner versus Ambadas Nama Narale (since deceased) Lankabai Vithal Holkar & Ors. .. Respondents Mr.P.B.Shah for the petitioner. CORAM : A.S.OKA, J. DATE : 18th March 2010. P.C.: . Heard Mr.Shah appearing for the petitioner. The petitioner is the original plaintiff. By the impugned order the 2nd to 4th defendants have been permitted to amend the written statement. The submission of the learned counsel appearing for the petitioner is that by a belated amendment, a reference was sought to be made to a Will allegedly executed by the 1st defendant in July 2003. He submitted that the application for amendment was made after commencement of trial and therefore in view of provisio to Rule 17 of Order VI of the Code of Civil Procedure, 1908 the trial Court ought not to have entertained the application. 2. I have considered the submissions. The 1st defendant died on 11th March 2008. It is, therefore, obvious that the 2nd to 4th defendants could not have relied upon the Will allegedly executed by him prior to his death. The 1st 2 defendant died on 11th March 2008 and application for amendment has been made on 16th September 2008. 3. Hence, no interference can be made with the impugned order in the writ jurisdiction under section 227 of the Constitution of India. Writ petition is rejected. (A.S.OKA,J)