1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9098 OF 2005 Baswanna Bheemsha Koli .. Petitioner Versus Gurulingappa Shivlingappa Banajgol & Ors. .. Respondents Mr.Shrishail Sakhare for petitioner CORAM : S.C.DHARMADHIKARI, J. DATE : 31st January 2006. P.C. . Heard Mr.Sakhare for petitioner. No reason to interfere with the order passed by the lower appellate court permitting respondents - 2 original plaintiffs before it to amend the plaint. Needless to state that the merits of the amendment are not being gone into. It would be open for petitioner to urge while challenging the final order that such an amendment ought not to have been granted, if the said final order is adverse to him. Alternatively, it would be open for petitioner to urge before lower appellate court that the permission to carry out the amendments at this stage necessitates filing of additional written statement and based upon pleadings, trial of additional issue which should be taken up in accordance with law, either by the lower appellate court or by trial court. All such contentions of both sides are kept open for being urged before lower appellate court and for lower appellate court to pass appropriate orders thereon. Petition dismissed. 3 (S.C.DHARMADHIKARI, J)