1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8404 OF 2007 Laxmi Ashok Yadav ..Petitioner V/s. Ram Nayak Yadav & anr. ..Respondents Mr.D.R.Shah, advocate, for the petitioner Mr.K.K.Malpathak, advocate, for the respondents CORAM : S.C.DHARMADHIKARI, J. DATE : 12TH MARCH, 2008 P.C. . This Writ Petition challenges an order allowing amendment to the plaint. The Court below while allowing the amendment has observed that no prejudice will be caused to the petitioner/original defendant. It is further observed that the nature of the suit will not change. The relief of permanent injunction claimed in the suit and pleas raised are on that basis. However, proviso to Order VI, Rule 17 as amended in the year 2002 is also not applicable in this case. 2. It is in such circumstances that I am unable 2 to accept the argument of the petitioner that the advantage gained by the petitioner by the observation in the interim order is completely lost and amendment application is belated also. The interim orders did not conclude the controversies and therefore, there is no question of any advantage accruing from the same. Similarly, the learned Judge has found that there is no delay in applying for the amendment. There is no reason to interfere with such an order. Petition is summarily dismissed. (S.C.DHARMADHIKARI, J.)