KBP 2411-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2411 OF 2009 Smt.Nilubai Ganpatrao Ghugare ..Petitioner Vs. Murlidhar Baburao Otari and ors. ..Respondents ......... Mr.S.G.Deshmukh i/b.Mr.Gautam Kamble, for petitioner. Mr.R.S.Alange, for respondent no.1. ......... CORAM : A.S.OKA, J.. DATE : 9 th SEPTEMBER, 2009. P.C. : 1] Heard learned Counsel for the petitioner and first respondent. 2] By this Writ Petition under Article 227 of the Constitution of India, the petitioner who is the first defendant has challenged the order passed by the appellate court in appeal filed by the petitioner, by which an application for amendment of written statement has been rejected by the appellate court. In a suit filed by the first respondent, the trial court passed a preliminary decree for partition and separate possession. In the year 2001, the appeal was preferred by the petitioner in which an application for amendment was made on 27 th August, 2007 contending that the necessary and proper parties were not impleaded in the suit filed by the first respondent. 3] Having perused the impugned order and especially the reasons assigned in paragraph no.6 thereof, I find that no case is made out for interference. Writ Petition is rejected. All contention of the parties in the pending appeal are expressly kept open. ( A.S.OKA, J. )