*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8586/2009 Sarpanch, Gram Panchayat, Nagon. ..Petitioner ­VERSUS­ Paygonda Dada Patil. ..Respondent ............... Mr.Surel S. Shah, Advocate for the Petitioner. ............... CORAM: A.P.DESHPANDE, J. Dated 18th November, 2009. PC:­ 1 The Respondent/ Plaintiff instituted a suit for perpetual injunction seeking to restrain the Petitioner/ Defendant from interfering with the possession of the Plaintiff over the suit land. The suit land is open land and it is the case of the Plaintiff as pleaded in the plaint that the Defendant is trying to create an approach way from the northern side of the suit plot. The suit came to be dismissed. Regular Civil Appeal is pending before the first Appellate Court. Before the first Appellate Court, an application for amendment of the plaint came to be moved by the Respondent/ Plaintiff and the same has been allowed by the first Appellate Court by holding that the proposed amendment is clarifactory in nature and goes to elaborate the pleadings. The proposed amendment in no way would change the nature of the suit and no prejudice would be *2* caused to any of the parties. 2 I have gone through the plaint and the proposed amendment. I have no doubt that the proposed amendment is very much in conformity with the pleadings. The first Appellate Court has held that what is already pleaded has been further clarified by the proposed amendment and hence, the proposed amendment is permitted. 3 In the result, no case is made out for interference in the writ jurisdiction. Writ Petition is summarily dismissed. (A.P. Deshpande, J)