1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2013 OF 2008 (Smt. Shewantabai Bapurao Warghane vs. Namdeo Vithobaji Manapure & Anr.) 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. OCTOBER 17, 2008. Heard Shri Patrikar, learned counsel for the petitioner. This court has issued notice on 6.5.2008 for final disposal. Nobody appears for the respondent even on second call. Shri Patrikar, learned counsel states that by the impugned order the plaintiff's amendment to the prayer clause has been rejected by observing that in some other litigation, the decree in Regular Civil Suit No. 148 of 2000 is already set aside. He states that present petitioner is not party to that petition and the decree can be used against him and therefore, express prayer has been made by way of abandoned precaution. The Court below has gone into the merits of the controversy, while deciding the prayer for amendment. Whether the prayer was available or not, is the question to be decided at the time of final 2 adjudication. In these circumstances, the impugned order dated 3.5.2008 is hereby quashed and set aside. The petitioner – plaintiff is permitted to amend the prayer clause as sought for. Necessary amendment be carried out by 12th November 2008. Writ Petition is disposed of. Rule accordingly. No order as to costs. JUDGE *GS.