wp5430.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5430 OF 2011 Bapusaheb Sonapa Ithape & Others ...Petitioners Versus Sampat Deoram Ithape and others ...Respondents ..... Mr. P.S. Pawar, advocate for the petitioners ..... CORAM: S.V. GANGAPURWALA, J. DATED: 26TH JULY, 2011 PER COURT:- 1 The petitioners are the original plaintiffs, who have filed a suit for declaration and possession of suit properties, as described in the plaint. During pendency of the suit, the petitioners moved an application for amendment. Vide amendment, the petitioners sought a relief for declaration in respect of sale deeds. Subsequently the court directed the plaintiffs to value the said portion of the relief. Thereafter, the plaintiff filed an application purportedly under Order 6 Rule 17 of the Code of Civil procedure for striking out the amended pleadings of the petitioners. The said application is rejected. Aggrieved thereby, the present writ petition is filed. wp5430.11 -2- 2 Shri Pawar, learned counsel contends that the sale deeds shall be hit by the principle of lis pendens as the plaintiff wants to strike out some pleadings and the evidence. There is no impediment for the plaintiffs to strike out the same by resorting to an application under Order 6 Rule 16 of C.P.C. Learned counsel contends that the court below has not construed the provisions in proper manner and thereby has erroneously rejected the application. 3 The petitioners sought amendment incorporating the pleading and the relief regarding the sale. When the court directed the plaintiffs to value the said pleadings and the relief, the plaintiffs filed instant application. The application certainly cannot be said to be bonafide. The petitioners cannot be allowed to blow hot and cold at the same time. Order 6 Rule 16 cannot be attracted in the present case, as it is the petitioners themselves who had sought for the said amendment. 4 In the light of the above, the writ petition being sans merit is dismissed. However, there shall be no order as to costs. (S.V. GANGAPURWALA, J.) rlj/ wp5430.11 -3-