1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1648 OF 2003 Subhash Kedari Bhatmare ...Petitioner vs. Shankar Narsinga Jagdale & Ors. ...Respondents Mr.V.B.Rajure for the petitioner Mr.A.M.Adsure h/f Mr.S.R.Ganbavale for respondent no.6 CORAM :A.S.OKA,J. DATE : SEPTEMBER 7, 2009 P.C. 1 Heard the learned counsel for the petitioner. The petitioner is the original defendant. The challenge in this writ petition is to the order passed by the trial court by which the respondents-plaintiffs have been permitted to amend the plaint for claiming partition and separate possession of their shares. 2 The learned counsel for the petitioner relying upon the decision of the Apex Court in case of Kenchegowda (since deceased) by legal representatives Vs. Siddegowda @Motegowda [(1994) 4 SCC 294] submitted that the suit for injunction cannot be allowed to be converted into a suit for partition by carrying out amendment. 3 I have carefully considered the submissions. In the case before the Apex Court, the suit was filed for 2 declaration of title and injunction against the sale of the suit property. In the present case, the respondents- plaintiffs have come out with a case that the petitioner original defendant purchased a part of the joint family property. Considering the frame of the suit, the trial court has rightly permitted the respondents to carry out the amendment. 4 Reliance placed by the petitioner on the decision of the Apex Court in case of Kenchegowda (supra) will not help the petitioner as the Apex Court has taken the view in the light of the facts of the case before it. Hence, no case for interference is made out. Writ Petition is rejected. 5 If the petitioner has not filed the additional written statement, he will be permitted to do so within a period of four weeks from the date of receipt writ of this order by the trial court. 6 All contentions including the contention of maintainability of the suit for partition are expressly kept open. The said contentions can be raised by filing the written statement. JUDGE