1 ca-206-10 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CIVIL JURISDICTION CIVIL APPLICATION NO.206 OF 2010 IN WRIT PETITION NO.4325 OF 2009 Airoli Co-operative Housing Society Ltd. & Anr...Petitioners Versus State of Maharashtra & Ors. ..Respondents Mr, Atul Rajadakshya, Senior Advocate i/b. Mr. Vijay Agarwal for the applicants. Mr. A.M. Kulkarni for respondent No.2. Mr. V.S. Gokhale, AGP for respondent No.1. CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. DATE: 13th October, 2010. P.C. 1. Heard Mr, Atul Rajadakshya, Senior Advocate for the applicants who are the original petitioners. Based on the affidavit in reply filed by Respondent Nos. 2 and 3 the applicants got knowledge that the third party interests have been created in favour of respondent No.4 which is a Public Charitable Trust and, therefore, consequential amendments are sought to be made. 2 ca-206-10 2. Affidavit in reply has been filed on behalf of respondent Nos. 2 and 3 opposing this application. It has been contended while opposing the Civil Application that the proposed amendment seeks to change the description of the suit plot and, therefore, it changes the nature of the petition. It is well settled that merely by allowing the amendment application the petitioners do not get relief from the Court per se and the respondents are at liberty to file their additional affidavit in reply so as to deal with the amended portion of the petition. 3. We are satisfied that in view of the intervening developments that the proposed respondent No.4 i.e. Maha Ganapati Samaj is required to be brought on record. Hence, Civil Application is allowed in terms of prayer clause (a) with liberty to the respondents to file additional reply, if any. Such an additional reply shall be filed within two weeks. 4. List the petition for admission on 16th November, 2010. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)