IN THE HIGH COURT OF BOMBAY AT GOA *** WRIT PETITION NO. 90 OF 2003 1. Shri Manuel Agnelo Barreto, s/o late Francisco Barretto, major in age, occupation business, r/o H.No.149, Ordofond, Poinguinim, Canacona, Goa, and 2. Shri Simon Barretto, s/o late Benjamin Barretto, major in age, farmer, Poinguinim, Canacona, Goa. ... Petitioners. Versus Smt. Martha Barretto, w/o late Santano Barretto, major in age, housewife, r/o H. No. not lknown, Ordofond, Poinguinim, Canacona, Goa. ... Respondent. Mr. C. A. Coutinho, advocate for the petitioners. Mr. S. D. Padiyar, advocate for the respondent. CORAM : S. J. VAZIFDAR, J. DATE : 10th April, 2003. ORAL JUDGMENT Rule returnable forthwith. By consent the petition is taken up for final hearing. The impugned Order rejects the plaintiffs’/petitioners’ application for amendment. The amendment sought to challenge further construction that the defendant/respondent had put up after the suit was filed. This is certainly the appropriate proceeding adopted by the plaintiffs. No purpose would be served by - 2 - directing them to file a separate suit. In the circumstances, the impugned Order dated 30th September, 2002 in Regular Civil Suit No.3/2001 is set aside and the amendment is allowed. 2. Rule made absolute with no order as to costs. S. J. VAZIFDAR, J. mc.