:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 9397 OF 2007 Smita Madhav Ambre ...Petitioner Versus Ajay Vasant Paithankar and Ors. ....Respondents Prathamesh Borgade h.f. Adv. Sugandh B. Deshmukh for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. 16th January, 2008. P.C. P.C. P.C. : : : 1. This writ petition challenges an order of the Trial court refusing the amendment to the written statement. 2. The original defendant nos.1 to 4 have made the application for amending the written statement so as to implead therein the case that they have set up against the original defendant no.5. In their submission, the original defendant no.5 was party to Civil Suit No. 837 of 1996. That suit was filed by defendant no.5 :2: :2: :2: against defendant nos.1 to 4 for possession. However, despite the suit being decreed, original defendant no.5 has taken possession, but, has not put the property to the use for which he sought eviction of defendant nos.1 to 4. 3. The Trial court is right in holding that the controversy in the subject suit is distinct. If the defendant nos.1 to 4 have any right arising out of the subject decree against them and in favour of defendant no.5, then, all rights in respect thereof including to re-enter the premises must be exercised independently of the present suit. That is a matter which must go on independent to the controversy in the instant suit. In such circumstances, the application for amendment to the Written Statement in Civil Suit no. 166 of 1999 has been rightly rejected. No interference is necessary. Petition is summarily dismissed. No order as to costs. sd/- ********