1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2753 OF 2008 (Mahavir Nagar Developers vs. Anandrao Haribhau Bodhale) 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. OCTOBER 01, 2008. Heard Shri Deshpande, learned counsel for the petitioner – defendant and Shri Dhatrak, learned counsel for the respondent – plaintiff. In a suit filed for declaration that the property sold by respondent to the petitioner reverts back to the respondent, during cross examination of defendant, the respondent – plaintiff claims to have learnt about a mortgage deed executed by the defendant in favour of Yavatmal District Cooperative Bank and suit is, therefore, sought to be amended by contending that the said mortgage is not binding on the plaintiff. While explaining this, it has been mentioned that cause of action accrued on 19.12.2007 when 7/12 extract of property was received by the plaintiff from the Talathi Ganeshpur and he got knowledge and information of said mortgage deed dated 17.1.2006. The names of the partners are also sought to be added as defendant 2 No.2 to 11. It is apparent that the prayer made is incidental to prayer clause (a) in the plaint and therefore, nature of suit does not in any way undergo change. The sole defendant in the suit was a developer through its partner and now the other partners are also allowed to be added, as lower Court has granted amendment. That also does not in any way alter the nature of suit. Shri Deshpande, learned counsel has contended that the prayers were time barred. However, apart from mentioning that prayers are time barred, how the prayers made in relation to mortgage deed dated 17.1.2006 are time barred, has not been demonstrated. In any case, the issue of limitation, if it arises, can be gone into by the trial Court. No case is, therefore, made out warranting any interference in writ jurisdiction. Writ Petition is dismissed. No order as to costs. JUDGE *GS.