1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4683/2009 (Shantabai Nilkanthrao Khoke vs. Manohar Shankarrao Chawale) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 19, 2009. Heard Advocate Khandewale, for the petitioner/ defendant. The respondent/plaintiff filed the suit for removal of encroachment made by the petitioner/ defendant. During the pendency of that suit, the petitioner/defendant got his land measured and because of that measurement, the respondent/plaintiff amended his plaint. The trial Court has by impugned order dated 234.04.2009 allowed that application. Mr. Khandewale, learned counsel for the petitioner contends that measurement of his own land by defendant cannot be subsequent event relevant for amendment of the plaint. He further argues that the said measurement is challenged by the petitioner/defendant before the higher authorities and if in appeal, the corrections are made, the amendment in the plaint may be rendered irrelevant. It is apparent that the matter is pending before 2 the Civil Court and the Civil Court has to independently apply its mind. The amendment carried by the respondent/ plaintiff is on the ground of subsequent measurement and therefore, has been rightly allowed. It is open to the petitioner/defendant to take all appropriate defences before the said Court. No case is made out warranting any interference in the writ jurisdiction. Writ petition is dismissed. No order as to costs. JUDGE Rvjalit.