1 wp 4297.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4297 OF 2011 Chandrakant Vasantrao Gavate & ors. .. Petitioners Versus Vasantrao Baburao Gavate & ors. .. Respondents Shri Vivek J. Dhage, Advocate for Petitioners. CORAM : S. V. GANGAPURWALA, J. DATE : 20TH JUNE, 2011. PER COURT : . The petitioners are the original plaintiffs had filed a suit for partition and separate possession. The defendants along with written statement filed their counter claim. Thereafter filed an application for amendment in the counter claim making the plea of possession of respondents specific. The said amendment application is allowed. Aggrieved thereby the plaintiffs have filed the present writ petition. 2. Shri Dhage, the learned counsel for petitioners vehemently submitted that in the initial written statement, the petitioners had not denied the theory of the plaintiffs that the plaintiffs are 2 wp 4297.11 in possession of the property. By way of amendment the same could not have been allowed. The learned counsel further contends that in fact, the counter claim itself is not maintainable. This aspect has been ignored by the Court below. According to the learned counsel the proposed amendment would change the nature of defence itself. 3. It is trite law that the amendment in the written statement has to be more liberally construed than that of the plaint. The perusal of the earlier written statement and counter claim, the respondents had specifically pleaded about the possession of the defendants. By way of an amendment the same is been made more specific. While dealing with the amendment application the Court is not required to deal with the merits of the amendment. Whether counter claim is maintainable or not is not the dispute before the Court while deciding the amendment application. That can be decided at the appropriate time. The Court below has properly exercised the discretion vested in it. In the light of that no case is made out for interference in writ jurisdiction. The writ petition is dismissed. No costs. [ S. V. GANGAPURWALA, J. ] bsb/June 11