: 1 : 3173-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3173 OF 2011 Rajendra Ratnashekar Choudhary & Ors. .. Petitioners v/s. Harishankar Govind Shetye .. Respondent ......... Mr. P.J. Thorat for the petitioners Mr. R.V. Bansode for respondent no.1 ......... CORAM : R.Y.GANOO, J DATE : 6th SEPTEMBER,2011. P.C. : 1. Heard learned Counsel on both sides. 2. Rule. Rule made returnable forthwith. By consent, petition is taken up for hearing forthwith. 3. The respondent filed R.C. Suit No.54 of 2009 in the Court of Civil Judge Junior Division, District Satara for injunction and for : 2 : 3173-11-wp=.sxw division of the properties covered by the said suit. At one stage, he had filed an application for amendment so as to add certain properties in the schedule as well as other consequential amendments. That application came to be withdrawn. Thereafter, a fresh application for amendment dated 27th September, 2010 below Exh. 47 came to be filed. Learned Trial Judge by his order dated 25th February, 2011 granted the said application. Against this order dated 25th February, 2011 this petition has been filed. 4. I have heard learned Counsel on both sides. Once application for amendment of the plaint with a request for addition of certain paragraphs has been allowed to be withdrawn, it will not be open for the respondent to come out with the same request. I have perused the text of the application at Exh.47. Looking to the facts involved in the matter, I am inclined to observe that the respondent can be permitted to amend the plaint to the extent of joining Rupali as a party defendant. This is being observed to see that all persons, who are required to be joined as parties in a typical partition suit are before the Court. It is on this ground, I am inclined to allow the amendment and to that extent the application for amendment can : 3 : 3173-11-wp=.sxw be granted. In view of the above, following order is passed to dispose of the petition. ORDER (i) The respondent is permitted to joint Mrs. Rupali as a party defendant. (ii) Amendment application dated 27th September, 2010 is granted to that extent only to join Mrs. Rupali as a party defendant. (iii) Accordingly respondent shall carry out amendment in the R.C. Suit No.54 of 2009 on or before 29th September, 2011 by producing authenticated copy of this order before the learned Trial Judge. There shall be no order as to costs. (R.Y.GANOO, J.)