1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3406 OF 2009 Kashinath Narsingh Marathe ..Petitioner. V/s. Harakchand Gulabchand Dhok ..Respondent. Mr. Y.S. Jahagirdar, senior counsel i/b. Tejesh Dande for petitioner. Mr. R.D. Soni for respondent. CORAM : J.P.DEVADHAR, J. DATED : 15TH JULY, 2009. P.C. :- Heard learned counsel for the rival parties. This petition is filed to challenge the order passed by the learned 12th Joint Civil Judge, S.D. Pune in Special Civil Suit No.733 of 2006, whereby the application filed by the petitioner for amendment of the written statement (Exh.51) has been rejected. On perusal of the impugned order, it is seen that the learned trial Judge has categorically recorded a finding that the trial had already commenced before the application for amendment was sought and in the light of the judgment of the Apex Court in the case of Vidyabai & Ors. V/s. Padmalatha & Anr. reported in 2009 (1) ALL MR 471, the amendment of the written statement after commencement of the trial cannot be allowed. The order passed by the trial Court being interlocutory order, I see no reason to interfere with the said order in exercise of writ jurisdiction. In this view of the matter, there is no merit in the petition and the same is dismissed with no order as to costs. (J.P.DEVADHAR, J.)