29-WP 13691 of 2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13691 OF 2022 Shri Avinath Moreshwar Marathe … Petitioner vs. Shri Anant (Shyam) Damodar Patkar and Anr. … Respondents Mr. Mayuresh Lagu a/w. Mr. Sagar Patil for Petitioner. CORAM : GAURI GODSE, J. DATED :4th DECEMBER 2025 ORDER: 1. This petition is filed by the original plaintiff to challenge the order rejecting his application seeking amendment to the plaint. The application is rejected on the ground that it is filed after commencement of the trial and due diligence is not made out. The impugned order is purely an interlocutory order. 2. 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 petitioner, it would always be open for the petitioner to challenge the impugned order, in view of Section 105 of the Code of Civil Procedure, 1908(‘CPC’). Page no. 1 of 2 vatikam VAISHALI ANIL TIKAM Digitally signed by VAISHALI ANIL TIKAM Date: 2025.12.05 16:16:06 +0530 29-WP 13691 of 2022.doc 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. It is therefore, clarified that the observations made in the impugned order have been made for a limited purpose of deciding the application for amendment. All contentions on merits will remain open at the time of final hearing of the suit. 4. Subject to the aforesaid observations and keeping the liberty under Section 105 of the CPC open, the petition is dismissed. (GAURI GODSE, J.) Page no. 2 of 2