1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8954 OF 2007 Shri Vasant T. Bachhav & Ors. ..Petitioners. V/s. Sukhdev S. Bachhav & Ors. ..Respondents. Mr.R.M.Hardas i/b. P.N.Joshi for petitioners. Mr.S.D.Rairykar, AGP for Respondent Nos. 2 to 5. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 30, 2009. DATE : MARCH 30, 2009. DATE : MARCH 30, 2009. P.C. : P.C. : P.C. : 1. Heard. 2. This Petition takes exception to the order passed by the Court below rejecting the Petitioners’ request for amendment of Written Statement. In my opinion, it will not be appropriate to interfere with the discretionary order passed by the Court below in the fact situation of the present case. Assuming that the Court below has committed some error, it is not as if, the same cannot be corrected at the later stage. It is always open to the Petitioner to make that grievance in the appeal or revision to be filed against the final decision of the Trial Court, which will have to be considered on its own merit in 2 accordance with law. Suffice it to observe that having regard to the exposition of the the Apex Court in the case of Surya Dev Rai v/s. Ram Chander Rai & Surya Dev Rai v/s. Ram Chander Rai & Surya Dev Rai v/s. Ram Chander Rai & Ors. reported in (2003) 6 SCC 675, Ors. reported in (2003) 6 SCC 675, Ors. reported in (2003) 6 SCC 675, in particular, in paragraph 39, no interference in exercise of writ jurisdiction is warranted. Hence dismissed. 3. Needless to observe that all questions raised in the present Petition are kept open to be agitated by the Petitioners in the appeal or revision to be preferred against the final decision at the conclusion of the proceedings which will have to be considered on its own merits in accordance with law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)