mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5689 of 2008 Shri Dadasaheb S. Mali .. Petitioner versus Shri Dattatraya K. Malli & Anr. .. Respondents ... Mr.Amit Sale for the petitioner. CORAM : A.M.KHANWILKAR, J DATED : 4th August 2008 P.C.: 1. Heard counsel for the petitioner. 2. In my opinion, the court below has rightly rejected the amendment application preferred by the petitioner on the reasoning that the proposed amendment would result in inconsistent stand taken by the petitioner in the original pleading and affect the accrued right of the defendant. It is not in dispute that the petitioner by way of amendment application claims further relief of declaration in a pending suit for simplicitor injunction. No reason is forthcoming as to what prevented the petitioner to seek that relief when the suit was presented. There is nothing on record to suggest that the petitioner had taken leave of the court to file simplicitor suit for injunction with liberty to institute other fresh proceedings or claim such relief at a later point of time. Hence, no case for interference is made out. 2. Hence, Petition is dismissed. (A.M.KHANWILKAR, J)