KBP 2991-06.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2991 OF 2006 Khudbuddin Chandra Mujawar ..Petitioner Vs. Krishnat Gopal Gaikwad and ors. ..Respondent ......... Ms.Archana Kololgi i/b.Mr.T.S.Ingale, for petitioner. ......... CORAM : A.S.OKA, J.. DATE : 27 th August, 2009. P.C. : 1] The learned counsel appearing for the petitioners states that in terms of order dated 20 th July, 2009, a private notice has been served to the respondents and affidavit of service has been filed. Notice has been issued for final disposal at the stage of admission. 2] The petitioner is the original plaintiff who filed a suit for perpetual injunction. The suit was filed in the year 2002. In paragraph Nos.1 and 2 of the plaint, the suit properties have been described with reference to survey number, Hissa number and area thereof as well as the boundaries. An application for amendment of plaint was made by the petitioner for correcting the boundaries of the suit properties incorporated in the plaint. By the impugned order, the said application has been rejected by the learned trial judge. The learned trial Judge observed that the petitioner plaintiff was trying to change the description of the property. It is pointed out in the order that the petitioner has obtained number of orders on the basis of description of KBP 2991-06.sxw 2 the suit property contained in the plaint. The learned Judge held that the amendment being drastic one will affect the rights of the defendants. 3] I have heard the learned counsel appearing for the petitioner. I have perused the averments made in the application for amendment. The only prayer sought by the said application was for carrying out amendment to the boundaries of the suit properties described in paragraph No.1 of the plaint on the ground that there were inadvertent errors. In the original plaint the boundaries have been described by referring to survey numbers and hissa numbers as well as the area of the suit properties. In the boundaries in the original plaint survey numbers are not mentioned. By the proposed amendment the petitioner desires to describe the boundaries by referring to the gat or survey numbers of the adjoining properties. The said amendment will not change the nature of the suit. The trial court has committed a gross error by not permitting the amendment. 4] Hence, I pass the following order: (a)The impugned judgment and order dated 2 nd February, 2006 is quashed and set aside and the application made by the petitioner at exhibit 52 is allowed. (b) The petitioner will carry out amendment to the plaint within a period of two weeks from the date of receipt of the writ of this order by the trial court. (c) It will be open for the defendants to file additional statement dealing with the amended plaint within a period of eight weeks from the date on which service of amended plaint is made. (d) Writ petition is allowed in above terms with no order as to the costs. ( A.S.OKA, J. )