1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No.663 of 2008 Sau. Vimal W/o Zingu Dewadkar, Aged about years, Occupation : Cultivation, R/o Vendali, Post-Dhanora Pipri, Tahsil & District : Chandrapur, through its Power of Attorney Holder Shri Zingru Punjaram Dewalkar. ... Petitioner Versus Shri Madhukar S/o Gosai Tonge, Aged about 50 years, Occupation : Cultivation, R/o Vendali, Post Dhanora Pipri, Tahsil & District : Chandrapur. ... Respondent Ms Kirti Satpute, Advocate for Petitioner. Shri R.D. Dharmadhikari, Advocate for Respondent. CORAM : A.B. Chaudhari, J. DATE : 21st July, 2008 Oral Judgment : 1. Rule, returnable forthwith. Heard by consent of parties. 2. The order rejecting the application for amendment Exhibit 37 is under challenge in the present petition. 2 3. The petitioner/original defendant wanted to set up an alternate plea regarding adverse possession. I do not find any fault in setting up an alternate plea by the petitioner/original defendant. 4. The learned counsel for the respondent states that there is a delay of one year in doing so. 5. Hence, I make the following order : The writ petition is allowed. The impugned order dated 8-1-2008 passed by the Trial Court is quashed and aside and application Exhibit 37 for amendment is allowed. Amendment be carried out in the Trial Court within two weeks. The petitioner shall pay the costs of Rs.100/- to the respondent. 6. Rule is made absolute in above terms. JUDGE Lanjewar