1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.10386 OF 2009 Shankar Bapu Dupargude ...Petitioner vs. Sonabai Shekumbhar Choudhari ...Respondent Mr.Anand S. Kulkarni for the petitioner None for the respondent CORAM :A.S.OKA,J. DATE : MARCH 30, 2010 P.C.: 1 The petitioner in this petition under Article 227 of the Constitution of India is the original plaintiff. By the impugned order, the respondent-defendant has been permitted to amend written statement for incorporating a Counter-Claim. 2 The learned counsel for the petitioner submitted that there is a categorical finding recorded by the trial Court while deciding the application for temporary injunction that the petitioner is in exclusive possession of the suit property. He submitted that by the Counter- Claim the respondent is seeking to challenge the resolution dated 8th December 1999 without impleading the cooperative society as a party and therefore, Counter- Claim should not have been permitted. 3 I have considered the submissions. The effect of the impugned order is that the respondent-defendant has been permitted to make Counter-Claim for possession and other consequential reliefs, and even if the amendment is permitted, the issue of limitation as well as issue of maintainability of the prayers made in the Counter-Claim 2 always remain open which can be agitated by the petitioner by filing a written statement to the Counter- Claim. There is no reason to interfere with the impugned order by which application for amendment of the written statement has been allowed. 4 Hence, I pass the following order : . Writ Petition is rejected. It is made clear that all contentions of the petitioner as regards merits of the Counter-Claim including the contention regarding bar of limitation and non joinder of the necessary parties are kept open. Such contentions can be agitated by filing a written statement to the Counter- Claim. If the written statement to the Counter- Claim is not yet filed by the petitioner, the same shall be filed within a period of eight weeks from today. JUDGE