1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 455 0F 2010 *** Abdul Latif Khan S/o Abdul Aziz Khan Versus Vijaykumar S/o Kamtaprasad Jaiswal *** 1. Heard learned counsel for the Petitioner. 2. This petition is filed by the original defendant in Regular Civil Suit NO.58 of 2006. The is indisputably for perpetual injunction. The present petitioner/ defendant entered appearance, filed written statement. The application Exhibit-5 for temporary injunction filed by the original plaintiff was being heard. It is contended on behalf of the petitioner, that during the pendency of application Exhibit-5, suit property came to be disposed of. The date of sale deed 9th November, 2009. Thereafter on 1st December, 2009 application seeking amendment to the written statement is filed. Copy is on record. Counsel for the Petitioner took me through para 5 of the application seeking amendment. He also read proposed amendment. This application is rejected by the trial Court on two grounds, firstly, the trial Court opined that main issue involved is whether plaintiff is in 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. lawful possession and defendant interfered with his possession. Sale deed executed during the pendency of the suit is of no significance. Secondly, trial Court recorded that application is filed at belated stage, after filing affidavit by the plaintiff in lieu of examination in chief. 3. The counsel for the petitioner submits that it is subsequent event. The Court below ought to have permitted the petitioner to amend the written statement. I have give my anxious consideration to the submissions of learned counsel. It is not possible to accede to the submissions of learned counsel for the petitioner. No ground to interfere in the order impugned. 4. Writ petition stands dismissed in limine with no orders as to costs. [S.B.DESHMUKH, J.] Dated:08/02/2010. ans/455