22.06.wp415.2011.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 415/2011. Shyamsundar Baliram Pode and two others -vs- Swayatta Bahuuddeshiya Shikshan Sanstha, Chandrapur and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Mr. A.S. Chandurapur, Advocate for the petitioners. Dr. Anjan De, Advocate for the respondents no. 1 to 9. CORAM: R. M. SAVANT, J. DATED: 22/06/2011. On behalf the respondents an affidavit has been filed by Bhimrao Vithobaji Zade, Secretary of the Trust in question. In the said affidavit, it has been averred that the respondent no.1 has moved an application for amendment of the plaint for substituting the word “society” by the word “school” in the prayer clause of the plaint. The order passed is on the basis that the relief sought was in respect of the society. In view of the proposed amendment sought by the respondent no.1, the position substantially changes and therefore, the cause of action for filing the instant petition would not survive. The petition is accordingly disposed of as such. Needless to say that the application for amendment of the plaint exhibit 39 would be considered on its own merits and in 22.06.wp415.2011.odt 2/2 accordance with law by affording the parties an opportunity in that respect. JUDGE NSN