KBP 7014-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7014 OF 2009 Pavaji Mahadu Dalvi (since deceased through Lrs.) Tulshiram Pavaji Dalvi and anr. ..Petitioners Vs. Bovaji Abaji Gaikwad ..Respondent ......... Mr.Sunil Dighe, for petitioners. Mr.S.D.Shinde, for respondent. ......... CORAM : A.S.OKA, J.. DATE : 23 rd SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the parties. 2] Considering the narrow controversy involved, the petition is taken up for final disposal. By the impugned order, the application made by the petitioners (original plaintiffs) for grant of amendment of plaint has been rejected. The learned Counsel appearing for the petitioners states that the petitioners were not properly advised, and therefore, the application for amendment of plaint has not been properly drafted. He submitted that the petitioners be permitted to withdraw the the said application for amendment with a liberty file a fresh application seeking amendment of the plaint. The learned counsel appearing for the respondent has opposed the prayer made by the learned counsel for the petitioners. 3] On perusal of the application exhibit 122 made by the petitioners, I find that the same has not been properly drafted and properly worded. The petitioners are seeking permission to withdraw the said application. The said KBP 7014-09.sxw 2 permission deserves to be granted. 4] Hence, I pass the following order: (a) The impugned order dated 9 th March, 2009 is quashed and set aside. (b) The petitioners are permitted to withdraw the application exhibit 122 with a liberty to file an appropriate application for amendment of the plaint. (c) It is clarified that the order impugned has been set aside only on the ground that the petitioners desire to withdraw the application exhibit 122. (d) If a fresh application is made for amendment of the plaint, the respondent will be entitled to contest the same on all permissible grounds and all contentions of the parties in that behalf are expressly kept open. (e) Writ Petition is disposed of in the above terms. ( A.S.OKA, J. )