22.18211.24 wp.docx Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18211 OF 2024 Appa Sudam Gaikwad .....Petitioner Vs. Hanumant Laxman Gaikwad and ors .....Respondents Mr. Nikhil Wadikar (through VC) i/b Mr. Nandu Pawar for the petitioner None for the respondents CORAM : GAURI GODSE, J. DATE : 2nd JULY 2025 ORDER: 1. This petition is filed by defendant no. 1 to challenge the rejection of his application for carrying out amendment to his written statement. The application is rejected mainly on the ground of lack of due diligence to raise the contentions in the original written statement. Application is also rejected on the ground that the suit is at the hearing stage and is pending since more than 12 years. There is no dispute that the application is filed post commencement of the trial. 1/2 22.18211.24 wp.docx 2. This is purely an interlocutory order. Normally, Court should be slow in interfering with such interlocutory order, in its discretionary jurisdiction under Article 227 of the Constitution of India. In the event the final decree is against the petitioners, it would always be open for them to challenge the impugned order, in view of Section 105 of the Code of Civil Procedure, 1908. 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 IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2025.07.03 15:08:44 +0530