1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3513 OF 2009 Celestino Peter Vaz and Anr. ...Petitioners vs. Meena Akhtar Rizvi ...Respondent Mr.K.Y.Mandlik for the petitioner Mr.Deepak Lad for the respondent CORAM :A.S.OKA,J. DATE : JULY 27, 2009 P.C. 1 Heard learned counsel for the petitioner and the learned counsel for the respondent. When this court was inclined to issue rule and grant stay, the learned counsel for the respondent on instructions of the respondent states that the pendency of this writ petition in this court will delay the trial and therefore, without prejudice to her rights and contentions, the respondent has no objection if the impugned order is set aside and the amendment is carried out. 2 Hence, I pass the following order: i) Impugned order dated 21 st January 2009 is quashed and set aside. The application made by the petitioner (Exh.14/2008) stands allowed. Amendment to be carried out within a period of two weeks from the date of production of an authenticated copy of this order before the trial court. 2 ii)The respondent has filed her affidavit in lieu of examination in chief. After amendment is carried out, the trial court will have to consider the question of framing additional issue. The trial court will permit the respondent to file further/additional affidavit in lieu of evidence. iii)All contentions of the parties on merits are kept open. JUDGE