1 WP 9270/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9270 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Anilkumar Patil for the petitioner. CORAM : D.G. KARNIK, J. DATE : 7TH DECEMBER 2010 P.C. : 1. Heard. 2. The petitioner challenges the order dated 7th June 2010 passed by the trial judge rejecting the application of the petitioner (original plaintiff) for amendment of the plaint. 3. In a suit for injunction simpliciter restraining the respondent no.1 from transferring the suit property to a third party, no interim injunction was granted in favour of the 2 WP 9270/10 petitioner. Consequently, the respondent no.1 transferred the property in favour of respondent no.1B. The petitioner thereafter made an application for amendment of the plaint for a declaration that the transfer was void. The trial judge rejected the application. 4. In my view, the cause for the suit as initially filed was only based on an apprehension about the transfer. Since the suit was not for a declaration of title and no interim relief was granted, the respondent no.1 was competent to transfer the property without attracting section 52 of the Transfer of Property Act. The transfer of property has given rise to a separate cause of action to the petitioner. The petitioner is seeking to challenge the transfer which cause is entirely different from the cause in the present suit. Hence, the trial judge committed no error in rejecting the application. The impugned order does not prevent the petitioner to file a separate suit challenging the 3 WP 9270/10 transfer which has taken place during pendency of the suit. 5. In the circumstances, no interference is called for in the impugned order in exercise of an extraordinary jurisdiction under Article 227 of the Constitution of India. The writ petition is rejected summarily. (D.G. KARNIK, J.)