1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 4207 OF 2009 Parasram S/o Vithoba Matere, Age 49 years, Occu. Agril. R/o Dhamni, Post Nagpur, Tq. Kannad, Dist. Aurangabad. ....Petitioner. Versus 1] Anil s/o Madhavrao Dubile, Age 24 years, Occu. Agril., R/o Dhamni, Post Nagapur Tq. Kannad, Dist. Aurangabad. 2] Madhavrao S/o Motiram Dubile, Age 60 years, Occu. Agril., R/o Dhamni, Post Nagapur Tq. Kannad, Dist. Aurangabad. 3] Dagadu S/o Sahadu Gadri, Age 65 years, Occu. Agril., R/o Badrkha, Tq. Pachora, Dist. Jalgaon. ( petition is abated as against respondent No. 3 as per order dated 21/08/2009) ....Respondents. Shri. B.S. Shinde, Advocate for the Petitioner. Shri. A.R. Joshi, , Advocate for the respondents 1 and 2. CORAM : R.K. DESHPANDE, J. DATE : 22th June 2010. ORAL JUDGMENT :- 2 1. The application for amendment filed by the defendants for amendment of written statement in Regular Civil Appeal No. 114 of 2007 has been allowed by the learned District Judge-4, Aurangabad by his order dated 06/04/2009. This order is the subject matter of challenge by the original plaintiff in this Writ Petition. It is the contention of learned counsel appearing for the petitioner that similar amendment was already filed in the Trial Court and the same was rejected. The learned counsel for the respondent, however, submits that the application filed before the Trial Court was different than one which is allowed by the Appellate Court. 2. Both the learned counsel submits that if the application for amendment is allowed, it may require the Appellate Court for to remit the matter back to the Trial court for permission to lead further evidence. In view of this, the application for amendment can be considered by the Appellate Court, as and when appeal is heard finally. The question whether such an amendment can be allowed or not can be looked into, after hearing the matter on merits. 3. In view of this, the instant Writ Petition is allowed the order dated 06/04/2009 passed by the District Judge-4, Aurangabad below Exh. 15 is hereby quashed and set aside. The application Exh. 15 shall remain pending before the Appellate Court and it shall be decided as and when hearing of the appeal appeal takes place . It is further made it clear that 3 the appellate court shall not be influenced any of the observations made in the order, which is impugned in the petition, and the application shall be decided in accordance with law. There shall be no order as to cost. [ R.K. DESHPANDE, J. ] SDM* 4207.09WP(J)