IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 375 OF 2010 SHRI. KHALU GANGARAM NAIK AND ANR., ... Petitioners Versus SHRI. HARISHCHANDRA PUTU NAIK (EXPIRED)THROUGH LR'S AND ORS., ... Respondents Mr. D. Pangam, Advocate for the petitioners. Mr. T. Pereira, Advocate for respondent nos.4, 5,8,9 & 10. Coram:- F. M. REIS, J. Date:- 7th September, 2011 P.C. Heard Shri D. Pangam, learned Counsel appearing for the petitioners and Shri T. Pereira, learned Counsel appearing for the respondents nos. 4, 5, 8, 9 and 10. 2. The above petition challenges the order dated 09.03.2010 passed by the learned Civil Judge Senior Division at Ponda in Regular Civil Suit No.9/1976/A. By the impugned order, the learned Judge has granted an application for amendment filed by the respondents. 3. At the hearing of the above petition, the main grievance raised by Shri Pangam, learned Counsel for the petitioners is the observations made by the learned Judge whilst passing the impugned order that in view of the issues framed in the suit, the trial would have to continue for the disposal of the proceedings. The learned Counsel further submitted that according to him, in view of the judgment passed by this Court, the question of any further trial with that regard would not arise as the issue of tenancy is decided against the respondents. The said proposition has been disputed by Shri T. Pereira, the learned Counsel appearing for the respondent nos. 4, 5, 8, 9 and 10. 4. Be that as it may, the impugned order has allowed the application for amendment filed by the respondents. On perusal of the impugned order, I find no jurisdictional error committed by the learned Judge in granting the said application. But however with regard to the grievance raised by Shri D. Pangam, the learned Counsel appearing for the petitioners, the same shall be considered by the learned Judge after additional written statement is filed by the petitioners without being influenced by the observations made in the impugned order, on its own merits. 5. In view of the above, the petition is dismissed. The issue as to whether any further evidence is to be recorded or not is left open. 6. The parties are directed to appear before the learned Judge at Ponda, on 29th September, 2011 at 2.30 p.m. The petitioners shall be permitted to file the additional written statement within 15 days thereafter. F. M. REIS, J. at*