1 WP-2575-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi WRIT PETITION NO. 2575 OF 2010 Vishwadeep Buddha Mandir Kruti Samiti & Ors. ... Petitioners vs. Shri Sunil Mohanlal Pardheshi ... Respondent Mr. Siddharth R. Ronghe,Advocate, for the petitioners Mr. Nitin P. Deshpande, Advocate for the respondent No.1. CORAM: J.H.BHATIA,J. DATE : 5th October, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. The plaintiff/respondent filed Special Civil Suit No.1415 of 2006 for removal of encroachment and possession of the property. The parties went to the trial. Some evidence was also recorded. The defendants moved an application Ex.104 on 17.4.2009 before the trial Court for making amendment in the written statement. The application was opposed. After hearing the parties, the trial Court rejected the application. 3. On perusal of the proposed amendment, it appears that the defendant 2 WP-2575-10.sxw No.2 only wanted to plead that the Municipal Corporation had not taken action against the defendants for the period 5-6 years and that goes against the plaintiff. In my considered opinion, the proposed amendments are totally irrelevant for decision of the suit. In the suit, the plaintiff has to prove his ownership over the land and encroachment for getting decree. The plaintiff does not depend on the action or inaction of the public authorities like the Municipal Corporation. 4. Therefore, the petition stands dismissed. 5. The petitioner has already deposited an amount of Rs.5,000/- towards tentative costs. Out of that, Rs.3,000/- be paid to the respondent towards costs and Rs.2,000/- be deposited with the State Legal Aid Authority. (J.H.BHATIA,J.)