1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2148 OF 2010 (Dadarao Ramji Gavande & Ors. vs. The Collector, Yavatmal & Ors.) 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. MAY 04, 2010. Heard Shri Chandak with Shri Chaware, learned counsel for the petitioners. At the stage of final arguments, the petitioners – plaintiffs wanted to amend their plaint to point out the exact area under encroachment. The measurement map prepared on 31.08.2009 is sought to be given as reason. The trial Court has correctly considered the controversy. The suit as filed is for injunction to restrain the respondents from carrying out unauthorized construction and for its removal. The plaint also discloses the exact area under encroachment. It is apparent that in a suit of such nature which has been filed giving area of encroachment, the subsequent measurement cannot be the reason for amendment. The trial Court has correctly considered the controversy and found that at the stage of final arguments, the application was moved without giving any explanation. 2 I am not inclined to interfere in the matter. Writ Petition is dismissed. No order as to costs. However, the petitioners are at liberty to challenge that order after final adjudication of Civil Suit, if occasion therefor arises. JUDGE *GS.