17.WP.3940.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3940 OF 2026 Chandrakant Narayan Patil & Ors ...Petitioners. Versus Pramod Keshav Patil & Ors ...Respondents Mr. Rohit D. Joshi for the Petitioners. CORAM : N. J. JAMADAR, J. DATE : 8th SEPTEMBER, 2026 P.C. 1. Heard the learned Counsel for the Petitioners. 2. The challenge in this Petition is to an order dated 14/10/2025 passed by the learned District Judge, Raigad Alibag whereby an Application seeking amendment of the plaint at the appellate stage came to be rejected by the learned District Judge. 3. The Petitioners/Plaintiffs intended to carry out the amendment to overcome the reasons assailed by the learned Civil judge while non-suiting the Plaintiffs on the premise that the reasons where not sustainable. Such being the cause for seeking the amendment, the learned District Judge has not committed any error in declining to grant permission to amend the Plaint at the Appellate stage. 4. However, notwithstanding the rejection of the Application for amendment in the Plaint, Appellant would be at liberty to demonstrate on the basis of available pleading and evidence on record that the findings recorded by the Trial Court are Akn 1 ANANT KRISHNA NAIK Digitally signed by ANANT KRISHNA NAIK Date: 2026.09.09 19:23:40 +0530 17.WP.3940.2026.doc incorrect. 5. At the time of the final hearing of the Appeal, the Appellate Court shall decide the Appeal on its own merits and without being influenced by the any of the observations in impugned order. 6. The Writ Petition stands disposed. ( N. J. JAMADAR, J. ) Akn 2