-: 1 :- SPB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6000 OF 2008 Shri Shivaji Waman Nawale .. Petitioner. V/s. Shri Damodhar Amruta Bhusal (deceased) .. Respondents. through LRs.- Smt.Pushpawati Damodhar Bhusal and others. .. --- Mr. Rahul D. Motkari for the Petitioner. --- CORAM : A. M. KHANWILKAR, CORAM : A. M. KHANWILKAR, CORAM : A. M. KHANWILKAR,J. DATED : 21ST AUGUST, 2008. DATED : 21ST AUGUST, 2008. DATED : 21ST AUGUST, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the petitioner. 2. In my opinion, no fault can be found with the conclusion reached by the courts below in rejecting the application for amendment on the finding that the facts now sought to be introduced and the assertions founded of such facts, were within the knowledge of the petitioner/plaintiff since 1999. Obviously, it was open for the plaintiff to seek appropriate relief which is now sought by way of amendment. There is no assertion in the application for proposed amendment that the facts on the basis of which further relief is founded came to the -: 2 :- knowledge of the plaintiff only after institution of the suit. If it is so, the proposed amendment would be hit by the priciples of Order 2 Rule 2 of C.P.C.. Besides, the court below has found that if the amendment was to be granted it will change the nature and character of the suit apart from the fact that the amendment is delayed. 3. Accordingly, no interference is called for at the hands of this court under Article 227 of the Constitution. Hence petition is dismissed. (A.M.KHANWILKAR,J.) .....