kbp 1 6659-08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6659 OF 2008 Dayanand Satyavan Kamble and anr. ..Petitioners Vs. Jayawant Limbaji Kamble ..Respondent ......... Mr.S.G.Deshmukh, for petitioners. Mr.S.R.Page, for respondent ........ CORAM : A.S.OKA, J.. DATE : 23 rd SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioners. 2] It is pointed out that the respondent plaintiff has already adduced the evidence. An application for temporary injunction was made by the respondent. The said application was allowed. An appeal preferred by petitioners was dismissed by the appellate court. There is an ad­interim order passed by this court on 6 th October, 2008 directing the parties to maintain status­quo as of that day. The said order deserves to be continued till the final disposal of the suit. The learned counsel for the respondent submitted that the respondent may be granted liberty to apply to the trial court for amendment of the plaint, as the respondent will have to apply for removal of the structure allegedly erected by the petitioner during the pendency of the suit. 3] The respondent can always apply for amendment of the plaint and if a case is made out, the trial court can permit him to carry out the amendment. The petition is disposed of by passing the following order: kbp 2 6659-08.sxw (a) Ad­interim relief granted by this court on 6 th October, 2008, shall continue to operate till the final disposal of the suit. (b) The suit shall be decided on its own merits without being influenced by the grant of interim relief by this Court. (c) It will be open for the respondent to apply for amendment of plaint. If such an application is made, the trial Court shall decide the same in accordance with law. ( A.S.OKA, J. )