dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.2964 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.V.B.Nighot for the petitioner. Mr.Nkitin P. Deshpande for respondent no.1. CORAM : ANOOP V. MOHTA, J. DATED : 08.12.2008 P.C. The petitioner/plaintiff has challenged the impugned order whereby his application for amendment was rejected on 31.08.2007. The plaintiff’s suit was for declaration and injunction. There was no interim relief granted by the trial court on Exhibit "5". Pending Appeal, the petitioner lost his possession. In view of this, the petitioner moved this application for amendment. The findings, even if any, that he was not in possession, still need to be tested by giving full opportunity to both the parties. The basic foundation of the suit itself is that he was in possession of the property. The injunction was not granted by holding otherwise. 2 Pending Appeal, if such party looses its possession, it is difficult to accept the contention that such amendment should not be allowed as it is at belated stage. The issues are just framed. Taking all this into account, I am of the view that interest of justice by keeping all points open, the amendment need to be allowed. The application for amendment is accordingly allowed. The writ petition is also allowed in terms of prayer (b). However, this is subject to cost of Rs.2000/- to be paid directly to defendant no.1 within two weeks from today. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]