gst 1 wp8949.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 8949 OF 2010. Smt.Gajarabai Chandra Kapse & Ors. ... .... ..Petitioners. V/s Tukaram Shankar Kapse & Ors. .... .... ..Respondents. Mr.S.V.Sadavarte, Adv. For the petitioners. CORAM: B.R.GAVAI, J. 12th Jan., 2011. PC: The petitioner herein challenges the order dated 6.9.10 vide which the application filed by the respondent (defendant) seeking permission to file counter claim came to be rejected. 2. Shri Sadavarte, learned counsel appearing on behalf of the petitioner submits that the trial Court has grossly erred in allowing the application. He submits that the counter claim ought to have been filed at the stage of filing written statement. 3. Learned trial Court has given sound and cogent reasons for allowing the application. An interference in the the extra ordinary jurisdiction under Article 226 of the Constitution of India is permissible only if it is found that there is perversity of illegality in the order passed by the learned trial Court. No perversity or illegality is noticed so as to warrant interference. Hence writ petition stands dismissed.