Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 2408 of 2009 Amirbi Ibrahim Dhatture (deceased) Kondubai N. Sadule (deceased) by LRs-Dastgir Nuruddin ...Petitioner v/s. Babaso Ebrahim Dhatture ...Respondents Mr. Tejpal S. Ingale for the petitioner. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : MARCH 13, 2009 : MARCH 13, 2009 : MARCH 13, 2009 P.C. . Heard Counsel for the Petitioner. 2. I find no infirmity in the view taken by the Court below that the application as presented was ill-conceived. No amendment of the original pleading can be permitted by resorting to application under Section 151 or for that matter Section 152 of Civil Procedure Code in a disposed of suit. And especially when the decree has already become final. 3. The question whether the Petitioner is entitled to assert that the survey number which the Petitioner refers to is the new survey number of the same property which was subject matter of the suit in respect of which decree has already been passed, is a matter which at 2 best can be addressed before the Executing Court. The question of amending the original pleading to permit the Petitioner to contend that the new survey number proposed to be introduced by way of amendment is the correct survey number cannot be countenanced. The Court below has rightly observed that this change cannot be termed as an arithmetical or clerical mistake nor such amendment can be permitted as it requires elaborate arguments or evidence. No infirmity can be found with the said approach. 4. This Petition is dismissed with liberty to the Petitioner to take recourse to such other remedy before the Executing Court as may be permissible by law which will have to be decided on its own merits. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]