IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 278 OF 2008 SHRI. SANTOSH ANANT KAMAT ... Petitioner Versus SHRI. DINA DULBA NAIK AND 30 ORS., ... Respondents Mr. J. P. Mulgaonkar with Mr. J. J. Mulgaonkar, Advocates for the petitioner. Coram:- A. P. LAVANDE, J. Date:- 29th September, 2008 P.C. 1. Heard Mr. J. P. Mulgaonkar, learned Counsel for the petitioner. By this petition, the petitioner challenges the order dated 20/02/2008 passed by the Civil Judge, J.D. Ponda allowing the application for amendment filed by the respondents. 2. The petitioner filed Regular Civil Suit No.59/2006 seeking mandatory and permanent injunction against the respondents. The defendants filed written statement. Before the evidence in the suit had begun, the defendants filed an application for amendment dated 16.11.2007 by which the defendants gave the area of the structure, in which an idol of Shri Ganesh is located and also stated the area of the pandal attached to the structure. The defendants also sought to place on record a sketch showing the structure and the pandal. The Trial Court by the impugned order allowed the amendment application. 3. Having heard the learned counsel for the petitioner and having perused the record, I am of the considered opinion that no case has been made out by the petitioner for interference with the impugned order in exercise of jurisdiction under Article 227 of the Constitution of India. It is by now well settled by catena of decisions of Apex Court that amendment of the pleadings at the pre trial stage has to be liberally granted notwithstanding amendment of Order VI Rule 17 of C.P.C. Admittedly, in the present case, the trial has not begun and no prejudice would be caused to the plaintiff, if the proposed amendment is allowed. I find no perversity or illegality with the impugned order. Hence, the petition is dismissed. A. P. LAVANDE, J. SMA