1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3304 OF 2009 Vyankati S/o Eknath Khodke ..Petitioner -VERSUS- The Collector and others. ..Respondents ... Mr.R.B.Deshmukh, Advocate for petitioner. ... (CORAM : R.M.BORDE,J.) DATE : 8th December, 2009. PER COURT : 1. Heard Shri.R.B. Deshmukh, the learned Counsel appearing for the petitioner. None appears for the Respondents. 2. Rule. 3. Matter taken up for final disposal at the admission stage. 4. An application came to be presented by the 2 plaintiff in pending suit at Exhibit-82 seeking withdrawal of certain prayer appearing in plaint. The amendment sought for has been opposed by the defendants by presenting Say. According to the defendants-respondents, the plaintiff had filed an appeal before the S.D.O., challenging the order passed by the Tahsildar. The S.D.O. Allowed the appeal and said order was the subject matter of challenge before the Additional Collector, Latur and as such there is no reason to accord permission to the plaintiff to delete the prayer from the suit. The Trial Court after considering record has rejected the application seeking amendment to the plaint by passing order dated 03.11.2008. I have perused the application as well as the order impugned herein. It is noted that the plaintiff is master of his suit and if he wants to delete a prayer in the suit same should not be ordinarily rejected. No prejudice is caused to the other side by permitting the plaintiff to delete the prayer in the plaint. There was no reason to the trial Court to reject the application presented by the plaintiffs. The order passed by the trial Court is erroneous and is liable to be quashed and set aside. 3 In this view of the matter, the Writ Petition is allowed and the order passed by the trial Court below Exhibit-82 on 03.11.2008 is quashed and set aside. The application presented by the plaintiff seeking amendment in the suit i.e. requesting to permit him to delete the prayer clause `1’ contained in plaint, stands allowed. The amendment be carried out within stipulated period. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs. (R.M.BORDE) JUDGE GAS/wp3304.09