IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 451 OF 2006 SHRI FRANCISCO XAVIER DIAS AND ANR., ... Petitioners Versus SMT. OLGA CABRAL AND 24 ORS., ... Respondents Mr. Nitin Sardessai, Advocate for the petitioners. Coram:- C. L. PANGARKAR, J. Date:- 6th February, 2009 P.C. This writ petition has been filed against the order passed by the Civil Judge, Senior Division, Margao in Civil Suit No.242/2005/III whereby he partly rejectred the application for amendment filed by the plaintiffs. 2. The plaintiffs had instituted a suit for declaration and injunction. The plaintiffs had contened that the plaintiffs had perfected the title by adverse possession. By the amendment the plaintiffs wanted to plead that the plaintiffs had perfected the title by prescription. 3. The Trial Court has observed that the plaintiffs are now seeking to introduce a new plea of prescription. The Trial Court found that the two pleas are inconsistent. It seems that the learned Trial Judge has apparently fallen in error in holding that the plea of adverse possession is inconsistent with plea of prescription. In fact both the pleas are identical. In such circumstances, the order passed by the Civil Judge suffers from illegality. The order passed by the Civil Judge, Senior Division, Margao, dated 27.04.2006 at Exh.19-D is set aside. The application for amendment is allowed. No order as to costs. Writ petition is accordingly disposed of. C. L. PANGARKAR, J. lh/.