1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1768 OF 2009 Adarsh Arjunan ...Petitioner vs. Ashta Manna S/o Hari Padamanna & Ors. ...Respondents Mr.E.A.Sasi for the petitioner Mr.Neem Shaikh for the respondents CORAM :A.S.OKA,J. DATE : AUGUST 25, 2009 P.C. 1 Heard the learned counsel appearing for the petitioner and the learned counsel for the second respondent. Office notice shows that all other respondents have been duly served. 2 The petitioner is the original plaintiff who made an application for amendment of the plaint. By the impugned order, the said application has been rejected. By the proposed amendment apart from prayer for incorporating additional paragraphs, the petitioner was seeking impleadment of two Advocats as party-defendants. The learned counsel for the petitioner on instructions states that the petitioner does not desire to implead the said two Advocates as party defendants. He submitted that the petitioner be permitted to withdraw the application at 2 Exh.15, with liberty to file a fresh application for amendment of the plaint. The learned counsel for the second respondent opposes the said prayer. 3 The statement made by the learned counsel for the petitioner is that the petitioner does not desire to press the application at Exh.15 with liberty to file a fresh application seeking appropriate amendment to the plaint. He states that the petitioner does not desire to claim any relief against the two Advocates. Therefore, the request made by the learned counsel for the petitioner deserves to be granted. If a fresh application is made by the petitioner it will be open for the second respondent to contest the same on all permissible grounds. 4 Hence, I pass the following order : i) Impugned order dated 24 th November 2008 is quashed and set aside. ii)The petitioner is permitted to withdraw the application at Exh.15 with liberty to file a fresh application for amendment of the plaint. iii)If such fresh application is made, the trial court will consider the same in accordance with law after giving an opportunity to the defendants to file a reply. 3 iv)All contentions of the parties on merits are kept open. v) Writ petition is partly allowed in above terms with no order as to cost. JUDGE