1 W.P.No.9761/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.9761 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.H.D.Deshmukh, advocate for the petitioners. CORAM : S.V.GANGAPURWALA,J. Date : 20.12.2011. PER COURT : 1. Heard. 2. Mr.Deshmukh, learned counsel for the petitioners submits that the petitioners had filed a purshis along with the Respondent that the subject suit property would not be alienated. The said Purshis was filed with a view to get the matter decided expeditiously but the Respondents are not proceeding with the trial of the suit but are filing one application after another and protracting the proceedings. One such an application was filed making a grievance that electricity connection has been disconnected by the present petitioner. After the say was filed an amendment application is filed by the Respondents, thereby seeking amendment in the said application. The same is allowed. The 2 W.P.No.9761/11 learned counsel submits that the defence of the present petitioners is negated by allowing such an amendment. The provisions of Order 6 Rule 17 are not applicable and as such no amendment could have been allowed. 3. The application is not a pleading. The strict rules of amendment as is laid down U/o 6 Rule 17 read with Section 153 of the C.P.C. would not apply. The Court in its inherent power would be entitled to consider the said amendment application. It is settled proposition that the merits of the amendment are not required to be considered while allowing the amendment. Moreover, the petitioner shall have an opportunity to contest the application on merits. In view of that no interference is called for. The trial Court shall endeavour to try and decide the suit expeditiously. 4. Another submission of Mr.Deshmukh, learned counsel is that the order passed below Exh.5 which was on concession given by the petitioner is being mis-interpreted and taking disadvantage of that, the Respondents are trying to protract the proceedings. The said order is unambiguous. However, the Court shall take into consideration the fact that the prohibitory orders are in force and as such shall endeavour to dispose of the suit on its own merits as expeditiously as possible. The learned counsel submits that the pleadings in the suit are complete. 3 W.P.No.9761/11 5. The Writ Petition is disposed of. (S.V.GANGAPURWALA,J.) Dt.20.12.2011. asp/office/wp9761.11 4 W.P.No.9761/11