1 APP98/08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.98 OF 2008 IN CHAMBER SUMMONS NO.1606 OF 2007 IN SUIT NO.476 OF 2004 M/s Bharat Petroleum Corporation Ltd. ...Appellants v/s Akhtar Hasan Rizvi ...Respondents Mr S.R. Page for Appellants. Mr B.B. Saraf i/b Mr R.R. Kalekar for Respondents. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 14TH MARCH 2011. 2 APP98/08 P.C. :- 1] By this appeal, the defendants are challenging the order passed by the learned Single Judge granting an amendment in the plaint. Originally, suit was filed by the plaintiff for a decree of specific performance of an agreement to sell the property in his favour. The plaintiff, at that time, was in possession of the premises, therefore he did not claim decree of possession, but admittedly, during the pendency of the suit, the plaintiff has lost possession of the suit premises. Therefore, by amendment, the plaintiff is claiming that in the event a decree for specific performance is passed in his favour, a decree of possession should also be passed. It is clear that the amendment does not change the nature of the suit. Hence, we find no fault in granting amendment by the learned Single Judge. Appeal is therefore dismissed, however, it goes without saying that the defendants  appellants would be entitled to amend their written statement so as to reply amended portion of the plaint. 3 APP98/08 Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )