spb/- 1 wp5895-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 5895 OF 2010 Sudhir Jamnadas Gujarathi ... Petitioner. V/s. Samrat Sureshchandra Patel & Others. ... Respondents. ----- Mr. Nitin Mulye for the Petitioner. ----- CORAM : D. G. KARNIK, J. DATE : 05th AUGUST, 2011. P.C. : 1 The petition is directed against order dated 21st June, 2010 passed by the trial court, rejecting an application for amendment of the written statement filed by the petitioner (defendant no.2 in the suit). The trial Judge has noted that at the hearing of the application for amendment, the petitioner as well as other side was absent. The trial Judge has also held that the application was given for the purpose of delaying the trial of the suit. Suit was old and as such the observation that the application was given for delaying the trial appears to be justified. 2 Learned counsel for the petitioner submitted that by allowing amendment, no prejudice would be caused to the plaintiff. When asked spb/- 2 wp5895-11.sxw how would rejection of the application for amendment would cause prejudice to the petitioner, counsel for the petitioner was unable to point out any prejudice that would be likely to be caused to the petitioner. 3 The suit is for partition. The petitioner wanted to plead that his mother had gifted the suit premises to him by a gift deed. Assuming that there is no deed of gift, the petitioner, his heirs and other heirs would inherit the property and no prejudice would be caused to the petitioner by refusing amendment. 4 There is no merit in the petition which is filed for the purpose of delaying the trial. The writ petition is rejected summarily. [D.G. KARNIK, J.]