1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.3040 OF 2005 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Ms.Gauri Godse forthe petitoner. CORAM : ANOOP V. MOHTA, J. DATED : 18.11.2008 P.C. The petitioner/plaintiff has challenged the impugned order of rejection of their amendment application. The trial of the suit is not yet commenced. Based upon the existing averments, the petitioner/plaintiff wants to add prayer clause declaring particular sale deed, reference of which is already made in the plaint, to be null and void and also for possession, as during the pendency of the suit, the petitioner/plaintiff lost the possession. 2 Taking all this into account, at this stage, I see there is no reason not to allow such amendment application filed by the plaintiff. It is necessary to give full oportunity to both the parties. Therefore, keeping all points open, including the relevant defence, the application of amendment as filed by the plaintiff is allowed. The petition is allowed in the above terms accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]