1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1844 OF 2010 Mahadev Parasu Mang (since deceased) through legal representatives Mrs.Yesabai Mahadev Mang @ Devkule & Ors. .. Petitioners versus The State of Maharashtra & Ors. .. Respondents Mr.Surel S. Shah for the petitioners. CORAM : A.S.OKA, J. DATE : 15th March 2010. P.C.: . Heard learned counsel appearing for the petitioners. The challenge in the suit filed by the petitioners is to the condition No.3 in the order dated 27th October 1983 passed by the 3rd respondent by which conversion of the suit land for non-agricultural use was allowed. The second prayer is for perpetual injunction restraining the respondents from permitting suit lands to be used as a burial ground for Muslim community. An application for amendment of plaint was made by the petitioners. By adding paragraph 9b, a factual contention was sought to be raised that subsequently the State Government has granted another land to the Muslim community for use as a burial ground. The application for amendment has been rejected by the learned trial Judge on the ground that the proposed amendment is not material to decide real controversy involved in the suit. 2 2. The learned counsel appearing for the petitioners submitted that the fact that another burial ground is made available to Muslim community is very relevant in as much as if the said fact is brought on record the very basis on which the condition No.3 in the order under challenge in the suit has been incorporated will go. 3. After having heard the learned counsel appearing for the petitioners, I find that the learned trial Judge is right to the extent that amendment is not necessary. If according to the petitioners, the subsequent event of grant of another land for the purposes of burial ground is relevant, the petitioners can always adduce evidence to prove the said fact. Notwithstanding the impugned order, the petitioners will be entitled to lead evidence of the existence of the said fact. Subject to what is observed above, writ petition is rejected. (A.S.OKA,J)