1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.7054 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.P.S.Dani i/by Ms.Nisha Valani for the petitioner. Mr.N.N. Vaishnava i/by Mr.N.M. Vaishnawa & Co. for the respondent. CORAM : ANOOP V. MOHTA, J. DATED : 01.12.2008 P.C. The petitioner has challenged the impugned order whereby the court has granted amendment to the plaintiff, who, in a Suit which is transferred to the Small Causes Court and in view of Full Bench judgment treated now the Suit under section 41 of the Presidency Small Causes Court, moved this application for amendment which the court has granted. There are various averments made which reflect that he wants reliefs i.e. "restraining the 2 defendants from entering into the premises and/or remaining into the suit flat in question." Apart from that once the suit for injunction is transferred and now it is before the Small Causes Court and all averments as made in the plaint are sufficient to consider the case, though the main prayers are not happily worded, still considering the averments already made, I see there is no reason to interfere with the said order. However, all points/defences are kept open. The petition is dismissed. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]