1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4687/2009. ( Smt. Sumitra V. Kapre . -: versus :- Ramchandra B. Jadhav and others ) 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 11, 2009. Heard Shri S.U. Nemade, learned counsel for petitioner. His contention is, the subsequent amendment filed shows that initially when plaint was presented, there was no cause of action and suit was pre-mature. He therefore, states that in such a suit prayer for amendment could not have been allowed. Facts show that suit filed sought injunction to restrain petitioner [defendant] from raising construction. By amendment, the respondent / plaintiff has pointed out that during pendency, the petitioner / defendant has raised some construction and hence the suit is being amended properly to claim relief in relation to that construction. That application has been allowed by the impugned order dated 21.07.2009. In the circumstances, I am not inclined to interfere in the matter in writ jurisdiction, Writ Petition is 2 thus dismissed. However, contentions raised by Shri Nemade, learned counsel for petitioner, are kept open for consideration at appropriate stage. JUDGE Rgd.