jpc 1 wp6180-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 6180 OF 2011 Mistry Lalji Narsi Development Corporation .. Petitioner Versus Sankalp Co-operative Housing Society and others .. Respondents Mr. R. R. Sharma for the petitioners Mr. Dinesh C. Shah for respondent no.1 CORAM: R. M. SAVANT, J. DATED : 21st November, 2011 P.C. : 1. The above petition takes exception to the order dated 9th June, 2011, passed by the learned Judge, City Civil & Sessions Court (Borivali Division) Dindoshi by which order Chamber Summons No. 540 of 2011 filed in L. C. Suit No. 5555 of 2004, came to be allowed. By virtue of which, the plaint came to be amended so as to incorporate challenge to the occupation certificate granted to respondent no.1 herein. 2. The suit as originally filed is one for an injunction that is sought against the Municipal Corporation for non issuance of issuance of occupation certificate. During the pendancy of the said suit, jpc 2 wp6180-11.sxw occupation certificate was granted, on account of which the application of amendment was required to be moved. Though there has been some delay in moving the application, inasmuch as the said application was moved after the issues were framed, the learned trial Court was of the view that the said amendments were necessitated for complete adjudication of the dispute between the parties. In my view, the reasons mentioned by the learned trial Court in the impugned order whilst allowing the amendment, though the suit was set down for hearing, cannot be faulted with looking to the nature of the suit as originally filed. In that view of the matter, no case for interdiction is made out. Writ petition is according dismissed. (R. M. SAVANT, J.)