1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.108 OF 2010 Sudhir Yashwant Bal .. Petitioner versus Sukhada Anant Ukidwe & Anr. .. Respondents Mr.A.V.Anturkar i/by Jahan Ara Sarkhot and D.S.Paranjape for the petitioner. Mr.N.D.Jaywant for respondent No.1. CORAM : A.S.OKA, J. DATE : 23rd March 2010. P.C.: . Heard learned counsel appearing for the petitioner. By the impugned order, application made by the petitioner for amendment of the written statement has been rejected. The application for amendment was made at a stage when practically recording of entire evidence in the suit was over. Considering the nature of the amendment and the stage at which amendment was prayed, in writ jurisdiction under Article 227 of the Constitution of India, at this stage, interference is not called for. The petitioner can always challenge the impugned order while preferring an appeal against the decree passed in the suit if the same be adverse to the petitioner. Such challenge is always open in the light of section 105 of Code of Civil Procedure, 1908. It is obvious that the observations made in the impugned order do not relate to the merits of the suit and all contentions of the parties on merits of the suit are kept open. The observations have been made only for the purpose of dealing with the application for amendment. Writ petition is not entertained subject to what is observed above by keeping all rights and contentions open. Rejected. (A.S.OKA,J)