1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1372 OF 2007 Shivaji Janba (Dnyanu) Nikade .. Petitioner versus Mahadev Gopal Keluskar & Ors. .. Respondents Mr.S.V.Sadavarte for the petitioner. CORAM : A.S.OKA, J. DATE : 4th February 2010. P.C: . Heard learned counsel appearing for the petitioner. The petition is the original plaintiff. A counter-claim was filed by the respondents to the suit filed by the petitioner. The written statement was filed by the petitioner to the said counter-claim. An application for amendment of the written statement to the counter-claim was made which has been rejected by the trial Court by the impugned order. 2. After having considered the submissions made by the learned counsel appearing for the petitioner, I find no error in the order. In the original written statement to the counter-claim, the petitioner has came out with a case that the parties were in joint possession. If the amendment is allowed, the effect will be that the petitioner will be allowed to raise a contention that he is in exclusive possession. Thus, an attempt is made to withdraw the admission in the earlier 2 written statement that parties are in joint possession. In the circumstances, the trial Court was justified in rejecting prayer for amendment. No case for interference is made out. Writ petition is rejected. All contentions of the parties on merits are kept open. It is obvious that the observations made by this Court are for limited purposes of considering the application for amendment and it will not affect merits of the pending suit filed by the petitioner. (A.S.OKA,J)