-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7850 OF 2006 WRIT PETITION NO.7850 OF 2006 WRIT PETITION NO.7850 OF 2006 Shri sonba Kondiba Birhamane and ors. .. Petitioners. Vs Shri Vithu Genba Sanas and ors .. Respondents. Mr A.M.Joshi, for the petitioners. Mr B.P.Abhule, for respondent nos 1 to 3. Mr S.A.Ghaisas for respondent nos 4C,4D,5A & 5B for the respondents. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. DATE : 04.03.08. DATE : 04.03.08. DATE : 04.03.08. PC: PC: PC: 1. Heard learned counsel for the parties. . Rule. Mr.Joshi, learned counsel, waives service for respondent nos 1 to 3 and Mr Ghaisas, learned counsel, waives service for respondent nos.4C,4D,5A & 5B. By consent, rule is made returnable forthwith and heard finally. 2. By this petition, the petitioners have impugned an order dated 1.8.2006, by which the application at Exhibit-93 in Regular Civil Suit No.23 of 1981, has been rejected. By that application, the petitioner-plaintiffs sought to amend the survey numbers -2- which were subsequently changed as gat numbers in the consolidation scheme. Undoubtedly, there is a long delay in filing the application. However, looking to the nature of controversy involved and the reliefs prayed in the suit, it is clear that the petitioner-plaintiffs did not stand to benefit by making the application for amendment at a belated stage. This Court is informed that so far the suit has reached only the stage of recording the plaintiff’s examination-in-chief. Keeping that in view and that no interim relief/order is running in favour of the petitioners, I am satisfied, that no prejudice would be caused to the respondents-defendants, if the petitioner is allowed to amend the suit as prayed. This Court, while issuing notice to the respondents-defendants on 12.2.2007, had directed the petitioners to deposit in this court a sum of Rs.5000/- being costs payable to the respondents. The petitioners have accordingly deposited the said amount. Taking overall view of the matter, in my opinion, the interest of justice would be met by allowing this writ petition with costs. The impugned order is accordingly set aside. The application filed by the petitioners at Exhibit-93 seeking amendment of the plaint is allowed with costs. The petitioners to carry out the amendment within three weeks from today. It is open for the respondents-defendants to file -3- additional written statement, if they so desire, within four weeks from the date of carrying out the amendment. The trial Court shall, thereafter, proceed to hear the suit and decide it on merits. . The amount of Rs.5000/- deposited by the petitioners in this court, is allowed to be withdrawn by respondent nos.1 to 3 as costs for allowing the amendment. With these observations, the writ petition is disposed of. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)