1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4987/2009. ( Shrivallabh Dongardasji Sikchi -: versus :- Ibrahimkhan Ahmadkhan ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 07, 2010. Heard finally by consent of Shri R.P. Joshi, learned counsel for petitioner and Shri S. Moharir, learned counsel for respondent. This Court has on 23.11.2009 issued notice before admission restricting the challenge to Ground [viii] in paragraph no.16A of the plaint, with consequential prayer. Shri Moharir, learned counsel appearing for respondents/defendants oppose even that amendment by pointing out that the sale sought to be added is dated 06.03.2006 and amendment has been sought on 09.07.2009 i.e. after more than 3 years of the said sale. He contends that the issue of limitation definitely arises for consideration and said prayer in relation to that sale deed is time barred. Shri Joshi, learned counsel for petitioners points out that, the said sale is after institution of suit and hence, lis pendence applies and question of limitation therefore is not relevant at all. 2 The suit as filed is for declaration and injunction. In these circumstances, leaving the question of limitation open, I find that the amendment can be safely allowed. Accordingly, the application Exh.28 in Spl. Civil Suit No. 60/2002 is partly allowed, by permitting the petitioner / plaintiff to amend his plaint by adding facts pleaded in paragraph 16A [viii] and consequential prayer b[ii], in his plaint. The respondent / defendant is free to raise appropriate challenge thereto, including the bar of limitation. The amendment be carried out by 27.01.2010. The consequential amendment can thereafter be carried by the defendants in accordance with law. The impugned order is thus partly modified. Writ Petition is partly allowed, with no order as to cost. Certified copy expedited. JUDGE Rgd.