1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5661 OF 2008 Moti Dinshaw Moriabadi/Irani & Anr. ..Petitioners. V/s. Dara K. Moriabadi/Irani & Ors. ..Respondents. Mr.J.S.Kini i/b. Suresh Dubey for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 30, 2008. DATE : AUGUST 30, 2008. DATE : AUGUST 30, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioners. 2. The view taken by the Court below merits no interference in exercise of writ jurisdiction under Article 227 of the Constitution against the discretionary order passed by the trial Court. The trial Court has applied correct principle for considering the prayer for amendment. In any case, the Orders impugned in this Petition are capable of being assailed in the appeal to be filed by the Petitioners, in the event the Suit is finally decided against the Petitioners. All questions in that behalf are left open to be decided on its own merits at the appropriate stage. 3. Hence, Petition is disposed off. 2 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)