1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.7593 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.S.G.Deshmukh for the petitioner. CORAM : ANOOP V. MOHTA, J. DATED : 20.11.2008 P.C. The defendant/petitioner has challenged the grant of amendment to the plaintiff in a suit for injunction which was filed initially some time in the year 1991 and by this amendment seeking possession of the property which was described earlier in the plaint. The trial is not yet concluded. Even otherwise for proper adjudication of the matter,as it is between the same parties, the so called encroachment, even if any, during or even prior to the suit can be considered during the trial and in this trial itself. 2 However, keeping all points open including the point of limitation, as contended by the learned counsel for the petitioner and also that it completely changes the nature of the plaint. The Court is at liberty to pass appropriate order considering this plea also as a part of submission including the admission even if any given on record. In view of above,there is nothing to interfere in the interlocutory order in question. The petition is accordingly disposed. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]