1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4057 of 2009 (Ziyaulkha Fakrullakha and others v. Gajanan R. Gujar and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.V. Bhide, Advocate for Petitioners. Coram : R.C. Chavan, J. Dated : 23 rd September, 2009 Heard the learned counsel for the petitioners. This petition is directed against the orders passed by the learned District Judge, Khamgaon, below Exhibits 17 and 19, whereby he permitted amendment of the written statement by the petitioners in Regular Civil Suit No.95 of 2000 before the learned Civil Judge, Junior Division, Nandura, but refused to permit the petitioners to tender additional evidence. In the written statement filed before the Trial Court, the petitioners had specifically taken the plea of protection of petitioners’ possession under Section 53A of the Transfer of Property Act in para 15 of the written statement. This plea was sought to be 2 elaborated by the amendment, which was allowed by the learned District Judge. The learned District Judge rightly observed that since the plea was already there, evidence on the plea must have been tendered, or at least ought to have been tendered by the petitioners, defendants before the Trial Court, and, therefore, there was no question of permitting the defendants to tender any additional evidence at appellate stage on a plea, which was merely elaborated. No fault can be found with the observations of the learned District Judge while first partly allowing the application and then refusing to review that order. The petition is, therefore, dismissed. Judge. pdl