22.7579.23 wp.docx Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7579 OF 2023 Balubai Tatya Alias Kalu Sorte .....Petitioner Vs. Sudarshan Jeevandhar Dawada .....Respondent Ms. Manisha Devkar for the petitioner Mr. Satish S. Raut a/w Mr. Tanmay M. Shembavanekar a/w Mr. Shravan Sul a/w Falak Doshi for the respondent CORAM : GAURI GODSE, J. DATE : 3rd JULY 2025 ORDER: 1. This petition is filed by defendant no. 3 to challenge the order rejecting the application to carry out amendment in the written statement. This application is filed after the plaintiff’s evidence is completed and defendant no. 2 filed her affidavit of examination-in-chief. The application is rejected mainly on the ground that it is filed without any explanation for amendmenet at a belated stage after the trial has commenced. 2. This is purely an interlocutory order. Normally, Court should 1/2 IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2025.07.04 10:13:08 +0530 22.7579.23 wp.docx be slow in interfering with such interlocutory order. In view of Section 105 of the Code of Civil Procedure, 1908 (‘CPC) it will always be open for the petitioner to challenge the impugned order in an appeal, in the event the final decree is adverse to the petitioner. 3. Hence, this is not a case to interfere with the impugned order in the discretionary jurisdiction under Article 227 of the Constitution of India. 4. Subject to the aforesaid observations and keeping the liberty under Section 105 of the CPC open, the petition is dismissed. [GAURI GODSE, J.] 2/2