1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 9971 OF 2010 Bhimabai w/o Dudam Akolkar and others ...Petitioners Versus The State of Maharashtra and others ...Respondents ..... Mr. D.R. Jayabhar, advocate for the petitioners Mr. K.J. Ghute Patil, A.G.P. for respondents ..... CORAM: S. S. SHINDE, J. DATED: 25TH NOVEMBER, 2010 PER COURT:- 1 Heard learned counsel for the respective parties. Rule. Rule made returnable forthwith. By consent heard finally. 2 This petition takes exception to the order dated 11.2.2010 passed by the learned C.J.S.D. Ahmednagar in Special Darkhast No. 179 of 1996 at Exh.52. 3 Learned counsel for the petitioners invited my attention to the Exh. D i.e. the application, which was filed before the trial court for amendment of the plaint and submitted that there were some arithmetical errors in mentioning the figures in the main plaint, and 2 therefore, the application was filed to correct those figures. On going through the contents of the said application, it appears that the amendment, which was sought by the petitioners, was not of substantial nature. The court should have allowed the application to correct the figures mentioned in the main plaint. The amendment does not affect the nature of the plaint. 4 Learned A.G.P. appearing for the State authorities invited my attention to the affidavit in reply filed on behalf of the respondents and submitted that under the garb of correction in arithmetical errors, the claimants are not entitled to make enhancements in the claim. It appears that the figures, which are mentioned in the main plaint and the figures, which the petitioners want to substitute are having different amount of Rs. 1,17,488/-. 5 In my view, after amendment is carried out in the execution petition, it will be open for the trial court to take into consideration the contentions of the petitioners and the respondents and after verifying original record pass appropriate orders. 6 In the result, writ petition is allowed in terms of prayer clause "C". Rule made absolute. Petition disposed of. ( S. S. SHINDE. J.) rlj/ 3