SM 1 40.wp.7115.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7115 OF 2010 Dr. Vinodkumar Yogeshwar Sharma and others ....Petitioners. Versus Smt. Jamunabai Laxman Waghmare and others ....Respondents. ____________ Mr. Parag V. Dube i/b Mr. V. S. Gokhale for the Petitioners. Mr. S. V. Sadavarte for the Respondent Nos. 2 and 3. CORAM: R. M. SAVANT, J. DATED : NOVEMBER 28, 2011. P.C.: The above petition takes exception to the order dated 13th January, 2010 passed by the learned 7th Joint Civil Judge, Senior Division, Pune, by which order, the application for amendment of the plaint in Special Civil Suit No. 849 of 2007, came to be rejected. 2. The amendment sought was to incorporate a challenge to the compromise decree passed in Suit No. 112 of 2007 wherein the vendor of the present petitioner was involved. The said amendment application was rejected on the ground that the suit filed is for specific performance, the scope of the said suit for specific performance should not be enlarged to one for declaration as well as setting aside the said compromise decree. SM 2 40.wp.7115.10 Even though, the said compromise decree may have some consequences for the petitioners/plaintiffs, the two clauses of action as rightly held by the trial court could not be clubbed together in a suit filed for specific performance. 3. In my view, no fault could be found with the order of the trial court in rejecting the application for amendment filed by the Petitioner. No case for interference by this Court in its writ jurisdiction is made out. The writ petition is accordingly dismissed. 4. Needless to say that if the petitioner so chooses, he can file independent proceedings for asserting his rights, if such proceedings are filed, needless to state that the same would be considered on their own merits and in accordance with law. (R. M. SAVANT, J.)