(1) WP. 2972.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2972 OF 2010 Kondiba S/o Sadaba @ Nagoba Lokhande died through LRs. .. Petitioner VERSUS Shri Balaji Devasthan Dharmabad through its Manager .. Respondent Mr. M.A. Kandharkar, Advocate for the Petitioner Mr. V.V. Bhavthankar, Advocate for the respondent ... CORAM : V.R. KINGAONKAR, J. DATED : 30TH JULY, 2010 ORAL ORDER:- 1. Heard counsel. By the impugned order dated 12.1.2010 amendment application filed by the plaintiff/respondent was allowed. 2. There is no dispute about the fact that the suit was filed in 1992 and therefore, it does not come within the ambit of proviso of Rule 17 of Order 6 of the Code of Civil Procedure. What appears from the record is that the property was measured by the T.I.L.R. in presence of both the parties on 2.5.2006 (2) WP. 2972.2010 and thereafter the encroachment could be specified. The amendment application was therefore filed in order to clarify the encroached portion and specify the same. The trial Court allowed the amendment application in view of the subsequent developments. There is no jurisdictional error nor perversity is noticed from the impugned order. Petition is therefore disposed of. No costs. Sd/- [V.R. KINGAONKAR, J.] arp