1 wp10221.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10221 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. Milind Patil, Advocate for the petitioners. Mr. Prashant Deshmukh, Advocate for respondent nos.1 and 2. 1. Heard Advocate Mr. Milind Patil for petitioners and Advocate Mr. Prashant Deshmukh for respondent nos.1 and 2. 2. Petitioners-plaintiffs sought amendment to plaint after cross examination, alleging that an agreement for sale was found. Application was opposed and the trial Court has noted that though agreement may have been misplaced, the knowledge thereof, could have been pleaded in the plaint. In absence of such pleadings in the plaint, this story has not been accepted as sufficient to permit such belated agreement to be brought on record. 3. Trial Court has looked into all relevant aspects. I 2 wp10221.10 therefore do not find any jurisdictional error or perversity in the same. Hence, the Writ Petition is rejected. Liberty to challenge the said order after the suit is finally decided, if occasion therefor arises. (B.P. DHARMADHIKARI) JUDGE. 18.01.2011 gas/wp10221.10