jpc 1 wp9786-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9786 OF 2011 Dilip Dinkar Ghatte ... Petitioner Versus Arjun Dinkar Ghatte ... Respondent Mr. Amit B. Borkar for the petitioner Mr. G.M. Savagave for the respondent CORAM: R. M. SAVANT, J. DATED : 23rd December, 2011 P.C. : 1. The Above petition takes exception to the order dated 2nd September, 2011, passed by the learned Joint Civil Judge, Junior Division, Ichalkaranji by which order, the application for amendment of the plaint Exh.195, filed by the respondents herein in Special Civil Suit No. 225 of 2005 came to be allowed. 2. The said Special Civil Suit No. 225 of 2005 has been filed by the respondent herein claiming partition and possession of his share in the ancestral properties. In the said suit, an application Exh.195 came to be filed so as to incorporate averments in respect of the property purchased on 16th December, 2004, allegedly out of the joint family funds and for joining the person in whose name the property was purchased namely Digvijay Dilip Ghatte who is also a family member jpc 2 wp9786-11.sxw as a party to the said suit. It is in the said context that the amendment application came to be allowed. In my view the reasons mentioned by the learned trial Court for allowing the said application, considering the avernments which were sought to be incorporated and consequential relief sought in respect of the conveyance dated 16the December, 2004 cannot be faulted with. In that view of the matter, no case for interference is made out. However, it is made clear that the defendants would be entitled to raise the such defences as are available to them in law in respect of the case sought to be incorporated in the said amendment. The defendants would be entitled to file their additional written statement to the amended plant. 3. It appears that in an Appeal from Order being no. 420 of 2006, which had arisen on account of an interim order passed in the said suit, a direction has already been given by this Court for expediting the suit. The trial Court would, therefore, endeavour to dispose of the suit in terms of the said directions as expeditiously as possible. 4. With the aforesaid observations, the Writ Petition is dismissed. (R. M. SAVANT, J.)