1 WP 4154/2011 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4154 OF 2011 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Rupesh K. Bobade for the petitioners. Mr. Gajanan Savagave for respondent no.1(a). CORAM : D.G. KARNIK, J. DATE : 4TH JULY 2011 P.C. : 1. Heard counsel for the appearing parties. 2. This petition is directed against an order dated 7th February 2011 passed by the learned Joint Civil Judge, Senior Division, Barshi, rejecting the application made by the petitioners (original defendants) for framing of additional issues. 3. The order is interlocutory and calls for no interference in exercise of extraordinary 2 WP 4154/2011 jurisdiction under Article 227 of the Constitution of India in the facts and circumstances of the case including that the application was made after the entire evidence was recorded and the matter was posted for decision. 4. Learned counsel for the petitioners, however, submitted that the petitioners had made an application for amendment of the issues on 4th November 1996. However, the same was not decided even till the evidence was recorded and therefore they were required to file a fresh application on 3rd February 2011. If after making of an application for amendment of the issues the petitioners allowed the trial to proceed without pressing the said application, and in my view that could be regarded as a waiver of the earlier application. In any event since the petitioners allowed the suit to proceed without pressing the said application, no interference is called for in 3 WP 4154/2011 the impugned order. Needless to say that the petitioners are at liberty to challenge the impugned order while challenging the decision in the suit if adverse to the petitioners. The writ petition is accordingly rejected summarily. (D.G. KARNIK, J.)