1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4640 OF 2009 WITH CIVIL APPLICATION NO. 9802 OF 2009 Mallikarjun s/o Rambhau Mahajan, Age: 79 years, Occ: Agri.& Trade, R/o. Majalgaon, Tq. Majalgaon, District Beed & Ors. .. Petitioners Versus The State of Maharashtra, Through Collector, Beed, & Ors. .. Respondents ... Mr. B.S. Kudale, Advocate for petitioners. Mr. N.B. Patil, A.G.P. for Respt. Nos.1 to 4. Mr. S.S. Choudhary, Advocate for Respt. No.5. ... CORAM : K.K. TATED, J. DATE : 24TH SEPTEMBER, 2009. PER COURT : 1. Heard learned Counsel for the petitioners, learned A.G.P. for respondent Nos. 1 to 4 and learned Counsel for the respondent No. 5. 2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners - 2 original plaintiffs challenge order below Exhibit-344 in R.C.S. No. 76/2004 passed by the learned Civil Judge, Senior Division, Majalgaon dated 23-06-2009, rejecting the petitioners' application dated 09-06-2009 under Order 6 Rule 17 of the Code of Civil Procedure for amendment of plaint. 3. Learned Counsel appearing on behalf of respondent No. 5 makes a statement that they have no objection if the petitioners' application for amendment of plaint dated 09-06-2009 is allowed, subject to that, petitioners to carry out amendment immediately within two weeks from the receipt of writ from this Court. 4. Considering the statement made by the learned Counsel appearing on behalf of respondent No.5, petitioners' application for amendment dated 09-06-2009 is allowed and impugned order dated 23-06-2009 is set aside. 3 The petitioners are directed to carry out amendment in their plaint as per application dated 09-06-2009 within two weeks from the receipt of writ from this Court. 5. Considering the facts and circumstances in the present case and the said suit is pending since 2000 and evidence of the plaintiff is already recorded and pursis to that effect is already filed, the trial Court is directed to dispose of R.C.S. No. 76/2004 ( Old R.C.S. No. 697/2000) as early as possible but in any case, within one year from the receipt of writ from this Court. With this direction, Writ Petition is disposed of accordingly. 6. In view of final disposal of Writ Petition, nothing survives in the present Civil Application and same is disposed of accordingly. [ K.K. TATED, J.] sut/SEP09/wp4640.09