1 WP No.3960/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3960 of 2011 Lakshmibai Haribhau Kotwal and ors. ... Petitioners versus Ananda Narayan Shelke ...Respondent ... Mr.K.S. Dewal for the petitioners. CORAM : D.G. KARNIK, J DATED : 27th June 2011 P.C. 1. This petition is directed against the order of the trial court rejecting the application made by the petitioner (original plaintiff) for amendment of the plaint. Plaintiffs filed a suit for a declaration of their ownership and for an injunction restraining the defendant from disturbing their possession of the suit land. The defendant filed the written statement denying the title of the plaintiffs. Subsequently, he also filed by way of an evidence two sale deeds showing the purchase of the property by his father. Thereafter, the petitioners-plaintiffs made an application for amendment seeking to amend the plaint claiming that they had become owner of the suit property by adverse possession. This petition is directed against the order of rejection of the application for amendment. 2 WP No.3960/11 2. The necessary ingredient of an adverse possession is that the party setting up of the case of adverse possession must first admit to the title of the other side then claim hostile adverse possession. Allowing the plaintiffs to amend the plaint would mean that they would be allowed to admit the title of the defendant and then claim adverse possession. This would be clearly contrary to the initial stand taken by the plaintiffs that they were the absolute owner of the suit property in their own right. Allowing of an amendment would thus completely alter the nature of the suit. The trial court therefore committed no error in rejecting the application for amendment. Writ Petition is rejected summarily. (D.G.KARNIK, J)