1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 98 OF 2008 Shri Suryakant Fatu Shetgaonkar, Son of late Fatu Pandu Shetgaonkar, 46 years of age, married, Indian National, resident of H.No. 547, Munagwada, Morjim, Pernem Goa. .... Petitioner V/s 1. Shri Ramnath Pandurang Shetgaonkar, Son of Pandu Fatu Shetgaonkar, 35 years, married, service. 2. Shri Pandu Fatu Shetgaonkar, Son of Fatu Shetgaonkar, Aged about 65 years, Married, agriculturist. 3. Shri Sandeep P. Shetgaonkar, son of Shri Pandu Fatu Shetgaonkar, Aged about 33 years, married, service. 4. Shri Arun P. Shetgaonkar, Son of Shri Pandu Fatu Shetgaonkar, Aged about 28 years, business, unmarried. All residents of H.No. 547, Munagwada-Morjim, Pernem-Goa. .... Respondents Mr. A.D. Bhobe, Advocate for the Petitioner. Mr. J.J. Mulgaonkar, Advocate for the Respondents. CORAM : S.A. BOBDE, J. DATE : 28 th APRIL, 2008 ORAL JUDGMENT : Rule returnable forthwith. Heard by consent. 2 2. After hearing the matter for sometime, it seems appropriate to pass the following order; From the draft amendment, paragraph 1(a) from para (1), (2) and 9(a) from para 3 shall be allowed, since they do not change the nature of the suit. However, paragraph 9(b) shall not be allowed as an amendment, since the facts stated therein are properly the subject matter of the application under Order 39 Rule 2(a). Hence, the proposed paragraph 9(b) is disallowed. 3. Rule made absolute on the above terms. S.A. BOBDE, J. NH/-