1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1743 OF 2010 Ashok Bhagwan Chavan & Anr. ...Petitioners vs. Mahadeo Bhagwan Chavan & Ors. ...Respondents Mr.Prashant Jadhav for the petitioners None for the respondents CORAM :A.S.OKA,J. DATE : MAY 3, 2010 P.C.: 1 Heard the learned counsel for the petitioners who are the original defendants in the suit of the year 2003. After commencement of the trial on 20 th February 2009, an application was made by the petitioners seeking permission to file Counter-Claim. By the impugned order the said application has been rejected on the ground that affidavit in lieu of examination-in-chief of the first witness of the plaintiffs was filed on 20 th October 2008 and the Counter-Claim is sought to be tendered in February 2009. 2 Considering the stage at which the application was made, there is no reason to interfere with the impugned order. Petition is rejected. Notwithstanding the impugned order, it will be open for the petitioners to file a separate suit for claiming reliefs which are sought to be claimed by way of Counter-Claim. All contentions of the parties in that behalf are kept open. JUDGE 2