1 wp 5565.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5565 OF 2011 Chaitynya Sukhdeo Pophale Minor U/G of Mother Jijabai Sukhdeo Pophale and another .. Petitioners Versus Gangadhar Bhimrao Golde and another .. Respondents Shri J. C. Badve, Advocate for Petitioners. CORAM : S. V. GANGAPURWALA, J. DATE : 01ST AUGUST, 2011. PER COURT : . The petitioners are original the defendants. The respondent No. 1 had filed a suit for injunction. During the pendency of suit T. I. L. R. was appointed to measure the land. The T. I. L. R. on measurement submitted the report and map and has shown the encroachment of adjoining land owners. The plaintiff thereafter moved an application for amendment seeking relief of possession in respect of the said alleged encroached area. The Trial Court allowed the amendment application. Aggrieved 2 wp 5565.11 thereby the defendant Nos. 1 and 2 have filed the present writ petition. 2. Shri Badve, the learned counsel for petitioners submits that the amendment changes the nature of the suit. Initially the suit was filed for injunction and now it is converted into possession. By an amendment the nature of suit cannot be allowed to be changed. The learned counsel further contends that the T. I. L. R. has not said that the present defendants have encroached over the property. In such circumstances, the amendment application could not have been allowed. 3. It is trite law that the merits of the amendment sought are not required to be considered while considering the application for amendment. Whether the measurement of the T. I. L. R. is correct or not, this can be considered at the time of final trial of the Suit. At this stage, all these facets are not required to be looked into. The suit initially was filed for perpetual injunction. After the T. I. L. R. was appointed and report is submitted the plaintiff feels that his some part has been encroached by others. In the light of that amendment application is allowed that would not mean that the case of the plaintiff is accepted. 3 wp 5565.11 4. In the light of above, no case for interference is made out. The writ petition is disposed of. No cost. [ S. V. GANGAPURWALA, J. ] bsb/Aug. 11