1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3842 of 2010 Laxman Deoram Pawar & ors. ... Petitioners versus Shri Yeshwant Dhaklu Raut ... Respondent ... Mr. Sandip Shinde for the petitioners. CORAM : D.G. KARNIK, J. DATED : 07th June 2010 P.C. 1. This writ petition is directed against an order dated 17th January 2010 passed by Civil Judge, Junior Division, Nashik along with an application filed by the respondent (original plaintiff) to amend the plaint. 2. The original suit was filed for injunction. The injunction was refused on the ground that plaintiff was not in possession of the suit property. Thereafter, the respondent sought leave to amend the plaint to claim possession. Application has been allowed. 2 3. Learned counsel for the petitioner submitted that the amendment changes the nature of the suit and therefore, amendment should have been rejected. It is common ground that issue of possession was disputed and at the interim stage it was held that plaintiff was not in possession. In the circumstances, the plaintiff-respondent sought to amend the plaint to claim possession. The trial court allowed the amendment so as to avoid multiplicity of litigation. Learned Judge has exercised the discretion to allow the amendment. In my view, the exercise of discretion is in no way perverse requiring interference in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. 4. Writ Petition is accordingly rejected summarily. (D.G. KARNIK,J.)