1 WP-4680-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi WRIT PETITION NO. 4680 OF 2010 Shri Sangram Tukaram Patil ... Petitioner vs. Tukaram Dhondiram Patil & Ors. ... Respondents Mr. P.S.Dani,Advocate, for the petitioner Mr. Surel S. Shah, Advocate for the respondent Nos. 1 to 3. CORAM: J.H.BHATIA,J. DATE : 5th October, 2010. P.C. 1. Heard. 2. The respondent No.1 filed Special Civil Suit No.332/2007 for partition of joint family business and his separate share in the property thereof. The present petitioner, who is original defendant No.2, filed an application for amendment in the written statement whereby he sought to plead that the three property shown in para 3 of the said application are also joint family properties and they be also put in hotch-potch if the suit is to be decreed for partition and separate possession. That application was rejected. 3. After some discussion at the Bar, the learned Counsel for the petitioner does not press the addition of para 6A in the written statement as it 2 WP-4680-10.sxw constitutes only evidence. After hearing the learned Counsel for the parties, I find that in view of the nature of the suit and the defence, it will be just and proper to allow the amendment whereby para 30A is sought to be added in respect of the above referred three properties. 4. Therefore, the petition is allowed. The impugned order is set aside and amendment to the extent of addition of para 30A in the written statement is permitted. Writ Petition stands disposed of accordingly. 5. The plaintiff is a senior citizen. Therefore, the trial Court shall expedite the suit and dispose of the same as early as possible and preferably within six months from this day. (J.H.BHATIA,J.)