dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.6955 OF 2007 PETITION NO.6955 OF 2007 PETITION NO.6955 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.P.N.Joshi for the Petitioners. Mr.Rahul Motkani for respondents 1 to 3. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 3rd October, 2008. : 3rd October, 2008. : 3rd October, 2008. P.C. P.C. P.C. The learned counsel appearing for the petitioner later on pointed out paragraph 15 of the written statement where there is clear a averments made by the defendants referring to necessary ingredients of adverse possession namely, continuously, openly and without obstruction he is in possession of the property. By this amendment the petitioner/defendant though lately giving more details and reasons to justify his case and based upon that prayed for declaration to be declared as owner by adverse possession. ( 2 ) In view of this, the present amendment application cannot be said to be at belated stage and/or as not brought/introduced with due diligence. The amendment so introduced, therefore, in the interest of justice and for proper adjudication is necessary. However, it is made clear that whatever pleas/defences available to the plaintiff including of limitation and/or delay are kept open. In totality, therefore, the order dated 1.10.2008 as passed without hearing the petitioner is revoked. The amendment application as filed by the petitioner is allowed. The writ petition is accordingly allowed as observed above subject to costs of Rs.3,000/- to be paid to the plaintiff within two weeks. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]