IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 411 OF 2009 MRS. LAXMIBAI NARAYAN KUTTIKAR AND 6 ORS., ... Petitioners Versus SHRI. PANDURANG TILLU GOSAVI AND 5 ORS., ... Respondents Mr. Amey Kakodkar, Advocate for the petitioners. Mr. U. Tari, Advocate for the respondents. Coram:- A.H.JOSHI, J. Date:- 7th August, 2009 1. Rule. Rule is made returnable forthwith by consent of parties. 2. Heard. 3. In the midst of hearing learned Advocate for the petitioner submits that he wants to withdraw the application filed in the Trial Court on 16.2.2009 which has led to impugned order and for that purpose prays that the impugned order be set aside. 4. Learned Advocate for the respondents strongly opposes the prayer. 5. This Court is of the considered view that if written statement was required to be amended, but proper drafting thereof was not done by the Advocate, the litigant should not suffer, and he must get a fair chance. Therefore, prayer now made can be allowed. 6. Accordingly, impugned order is set aside. 7. The petitioner is permitted to withdraw the application dated 16.2.2009 with liberty to file fresh application for amendment of written statement. 8. If any such application is filed, would be decided on its own merits expeditiously. This Court has not expressed any opinion on merits of contents of amendment. 9. Certified Copy is expedited. A.H.JOSHI, J. *am/-