FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.5770 OF 2005 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr R.G.Ketkar, for the petitioners. Mr A.A.Kumbhakoni, for respondent no.1. Mr A.S.Rao for respondent no.2. CORAM: D.B.Bhosale,J. DATED: 18.02.2008 P.C.: Heard learned counsel for the parties. This petition is directed against an order dated 30.7.2005 passed by the trial Court rejecting the application at Exhibit-58 filed by the petitioners-plaintiffs for amendment under Order VI, Rule 17 of the Code of Civil Procedure. By that application, the petitioners proposed to introduce few more paragraphs and a fresh prayer clause in the suit based on the subsequent events. The subsequent event is a cancellation of the earlier resolution on the basis of which the impugned tender notice was issued and issuance of the fresh tender notice on 14.7.2005 which, according to the petitioners, is also based upon the very same survey report which had already been cancelled by the General Body. I perused the impugned order so also the other material on record. For the reasons stated in the impugned order, I do not find any reason to interfere with the same. The Court below, after appreciating the entire material on record, has rightly observed in the impugned order that the cause of action in the suit no more exists and the petitioners have attempted to introduce a new case by way of amendment. In the circumstances, this writ petition is dismissed. However, this shall not preclude the petitioners from taking appropriate remedy against the fresh tender notice, if so advised. (D.B.Bhosale, J.)