1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2459 OF 2009. A.P.M.C. Sangrampur -: versus :- Ghanshyam T. Dhoot and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 18, 2010. Heard Shri S.R. Deshpande, learned counsel for petitioner and Shri N.R. Saboo, learned counsel for respondent/plaintiff. This Court while issuing notice on 16.06.2009 restricted consideration to the challenge in so far as the title of suit and addition of prayer clause [i-a] is concerned. Shri Deshpande, learned counsel argues that as remand by Appellate Court was only for hearing and for recording of evidence, amendment could not have been allowed. His second contention is, the site on which encroachment is alleged is itself sought to be changed and because of that a prayer of mandatory injunction for removal of structure standing on new /substituted site has been sought. He contends that the such prayer is barred by limited and in any case it changes the nature of suit. 2 Shri Saboo, learned counsel for respondent on the other hand contends that after remand, the respondent / plaintiff has reduced the area of encroachment and has not changed the site at all. As there is a structure standing on the encroached site, mandatory injunction of its removal has been sought. After hearing the parties, I find that if the structure is already existing on alleged encroached site, claiming of mandatory injunction for its removal is not going to change the nature of suit, as the suit itself is for removal of encroachment and for restoration of possession. However, the contentions that site of alleged encroachment is itself sought to be changed, is kept open for consideration by the trial Court at the time of final hearing on the basis of the material on record trial court can find out whether there is any change of site by proposed amendment. Writ Petition is disposed of with this directions, with no order as to cost. JUDGE Rgd.