1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.2211 of 2010 Shivaling @ Ashok mahadev Mathapati ... Petitioner versus Chandrakant Mahadev Mathapati & Anr ... Respondents ... Mr. A.K.Suryavanshi for the petitioner. Mr.K.Y.Mandlik for respondent no.1. CORAM : D.G. KARNIK, J. DATED : 21st June 2010 P.C. 1. Heard. 2. By this petition, petitioner challenges the order dated 2nd January 2009 passed by the District Judge III, Solapur rejecting the petitioner’s application for amendment of the appeal memo so as to raise an additional ground in appeal. 3. Petitioner sought to raise additional ground that the gift deed was valid only to the extent of ½ share and was not binding on ½ share of the petitioner. The petitioner is the original defendant in the suit. In the written statement, he had not raised the defence that he was the 2 owner to the extent of ½ share and that gift deed was not binding on his ½ share. Consequently, he tried to amend the written statement to raise the ground that he had a ½ share and the gift deed was not binding on his ½ share. That application was rejected. That rejection was not challenged by the petitioner and has become final. Even in the appeal, petitioner did not challenge the interlocutory order of the trial court rejecting the application for amendment of the written statement. As such, permitting the ground to be raised by amendment of the appeal memo would amount to virtually allowing the amendment in the written statement which has been rejected and which order has become final. In the circumstances, writ petition is rejected summarily. (D.G. KARNIK,J.)