-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.6652 OF 2007 Shri Achyut Kisanrao Patil & Anr. : Petitioners (Orig. Plaintiffs) V/s. Mr.Prakash Keshav Devale : Respondent (Orig.Defendant) ... Mr.D.M.Gupte for the petitioners. Mr.R.N.Sanghavi for the respondent. ... CORAM : S.A.BOBDE, J. DATE : JANUARY 29, 2008. P.C. 1. The petitioners have challenged the rejection of their application for amendment. The petitioners had sued for an order of injunction restraining the defendant from disturbing their possession. In the plaint as originally filed, the petitioners had stated that they were in possession by virtue of a will. By the amendment, they sought to state that they are in possession by virtue of the agreement to sell of the same date. That application for amendment has been rejected by the trial Court on the ground that it changes the nature of the suit. -: 2 :- 2. Mr.Sanghavi, the learned counsel for the respondent, vehemently supported the order of the learned trial Judge. However, it is apparent from the case that the suit is one for protection of the plaintiffs’ possession and that the character of the suit remains unchanged even if the amendment was to be allowed. The statement as to the manner in which the plaintiffs came in possession is secondary. In this view of the matter, having regard to the nature of the amendment and its effect on the suit, I am of view that the amendment ought to have been allowed. The impugned order of the trial Court is, therefore, set aside. The amendment application is allowed. The plaintiffs are directed to carry out the amendment within a period of four weeks from today. 3. The Writ Petition stands disposed of. S.A. BOBDE, J.