-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3470 OF 2009 Shri Rajaram Tukaram Choudary : Petitioner (Orig.Deft. No.15) V/s. Shri Ramchandra Sopan Hargude & Ors. : Respondents ... Mr.Manoj A. Patil for the petitioner. ... CORAM : S.A. BOBDE, J. DATE : APRIL 9, 2009. P.C. 1. The petitioner has challenged the order dated 17.11.2008 passed by the III Addl. Judge, Small Causes Court, Pune, and Jt. Civil Judge, Senior Division, Pune, allowing amendment subject to payment of costs. 2. In a suit for partition and separate possession, the respondent-plaintiff applied for amendment by way of addition of certain facts. According to the plaintiff, the defendants referred to some consent deed dated 15.4.2006 in the written statement. At that time, the plaintiff realised that he had given a blank stamp paper to the defendant no.1 in good faith and on that basis, a false consent deed may have been prepared in favour of the -: 2 :- defendant no.15. The plaintiff, therefore, prayed for addition of these facts in the plaint and add a prayer for a declaration and injunction in the prayer clause. According to the defendants, the construction made by the defendant no.15 on the property is legal and they resisted the amendment claiming that the consent deed dated 15.4.2006 is a genuine document. 3. The trial Court considered the application and granted it. According to the trial Court, it does not change the nature of the present suit. The learned counsel for the petitioner submitted that the amendment would unnecessarily jeopardise the structure which has been illegally constructed. However, it appears from the facts of the case that the suit as filed is a suit for partition and separate possession of the properties and the amendment is mainly regarding an alleged illegal structure on the same property and relief in respect thereof. The amendment which has been allowed does not change the nature of the suit and appears to be necessary for a complete adjudication of the dispute. There is no merit in the petition which is hereby dismissed. S.A. BOBDE, J.