KBP 1876-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1876 OF 2009 Anand Kumar Agarwal and anr. ..Petitioners Vs. Santharam Kasinath Thakur and ors. ..Respondents ......... Mr.Ajay Panickar i/b.Mr.Ajay Law Associates, for petitioners. Mr.V.A.Gangal i/b.Mr.S.N.Pandey, for respondent nos.1 to 4. ......... CORAM : A.S.OKA, J.. DATE : 10 th August, 2009. P.C. : 1] Heard the learned counsel for petitioners and respondents. The petitioners are the plaintiffs. The applications made by the petitioners at exhibit 5 (for temporary injunction), at exhibit 9 (for appointment of Commissioner) and at exhibit 39 (for amendment of plaint) were dismissed for non prosecution. An application for restoration of said applications made by the petitioners has been dismissed by the order impugned in this writ petition. 2] There is no dispute that the petitioners have filed an affidavit in lieu of evidence of their witness and an order directing the parties to maintain status-quo is operative. The learned counsel for the petitioners states that as the order directing the parties to maintain status-quo is operating, he is pressing for restoration of only the application exhibit 39 which has been filed for the amendment of plaint. 3] The learned counsel for the respondents, on instructions, states that to KBP 1876-09.sxw 2 avoid further delay in disposal of suit, without prejudice to the rights and contentions of the respondents in the pending suit, the respondents have no objection if amendment as prayed for in application exhibit 39 is permitted. 4] In view of aforesaid factual position, the writ petition is disposed of by passing the following order: (a) The application exhibit 39 made by the petitioners for amendment of plaint is restored and to that extent the impugned order dated 1 st January, 2009 is modified. (b) The application exhibit 39 is allowed. The amendment shall be carried out on 18 th August, 2009 when the suit is fixed for recording of evidence. (c) It will be open for the concerned defendants to file additional written statement, if any, within a period of four weeks from 18 th August, 2009. All contentions of the parties in the pending suit are kept open. ( A.S.OKA, J. )