1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3456 OF 2010 Shaikh Maheboob s/o Shaikh Abdul .. PETITIONER VERSUS Ganesh s/o Shriram Zanwar .. RESPONDENT Mr. N.P. Bangar, advocate for the petitioner. Mr. P.N. Kutti, for the respondent. ===== CORAM : R. M. BORDE, J. DATE : 7 th SEPTEMBER, 2010. PER COURT : 1 An application seeking amendment to the plaint was allowed by the trial court and the said order permitting the plaintiff to amend the plaint is subjected to challenge in this petition. 2 Initially, plaintiff presented suit claiming declaration of ownership and perpetual injunction. Plaintiff, in the plaint presented initially, claimed that he is in possession over the disputed property. However, by way of proposed amendment the plaintiff wants to contend that he has lost possession during the continuance of the suit and as such he is claiming recovery of 2 possession. The amendment sought for by the plaintiff is permissible and the trial court has rightly permitted the plaintiff to incorporate amendment in the plaint. 2 Learned counsel for the respondent/defendant contends that the pleading raised in the amended plaint in respect of accrual of cause of action is contrary to the plaintiff’s own contentions raised by him in the plaint tendered earlier as well as in writ petition presented to the High Court. Defendant may agitate the grievance in respect of falsity of the plaint presented by the plaintiff regarding accrual of cause of action before the trial court and it would be for the trial court to consider the same. No interference is called for in the instant petition. Petition stand rejected. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp3456.10.odt