1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7671 OF 2009 Arvind Dinanath Mhatre ........ Petitioner versus Sahebrao Janardan Kamble & ors........Respondent. Mr. S.D. Patil adv. for the Petitioner None for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 19th November, 2009. P. C.: 1. The respondent no.1/original plaintiff, instituted a suit against Assistant Commissioner, Regional Transport Office and the present petitioners and prayed that the defendant no.1 be restrained from granting permission to defendant nos. 2 and 3 (petitioners) to start a PUC centre near the petrol pump of the plaintiff. In the suit a temporary injunction application was also filed. However during pendency of the suit and the application, defendant no.1 has proceeded to grant permission to the defendant nos.2 and 3 to set up the PUC centre. Hence the plaintiff moved an application for amendment of the plaint. The trial court has granted the prayer and rightly so, for the obvious reason that the challenge in the suit as originally instituted was to 2 the legality of grant of licence. The very question survives even today. As the licence is already granted in favour of the present petitioner in no way the nature of the suit is changed or altered. Petition is thus dismissed summarily. (A. P. Deshpande, J.)