1 wp7388-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 7388 OF 2011 Maniram Tulsiram Gorkha .. Petitioner Versus Gangasingh Chandrasingh Gorkha and others ... Respondents Smt. S. N.Dabhadkar for the petitioner CORAM : R. Y. GANOO, J. DATED : 21st October, 2011 P.C. 1. The petitioner has filed a suit namely, L.C. Suit No. 2149 of 2005 in the City Civil Court, Bombay so as to seek possession in respect of the premises mentioned in the Suit. After filing of the written statement by respondent no.1, who is contesting defendant, the said defendant has filed a Chamber Summons for amendment of the written statement on the ground that since after filing of the written statement, certain developments have taken place namely, the suit structure has been demolished and the properties are in possession of the developer as per the SRA Scheme. The learned Judge of the City Civil Court, by an order dated 22nd March, 2010, allowed the said Chamber Summons No. 1038 of 2010. This order is challenged in this petition. 2 wp7388-11 2. I have heard learned advocate for the petitioner. According to her, the Chamber Summons should not have been granted. She submitted that the respondent no.1 managed to have certain documents forged and requested the SRA to include his name in the list. She also levelled allegation against the SRA of the illegal acts done by the authority. She submits that the Chamber summons should not have been granted. In my view, the Petition is required to be dismissed at the stage of admission for the following reasons. 3. The suit is for possession of the structure. The said structure has been demolished as per the stand of the defendant no.1 and the property is in possession of the developer. The defendant no.1 wanted the said facts to be placed on record. The same has been done. The learned Judge has applied its mind and thereafter properly concluded that the amendment in the written statement can be granted. I do not see any infirmity in the order passed by the learned Judge. I am of the view that the said order is properly passed. 4. For the aforesaid reasons, the petition is dismissed at the stage of admission with no order as to costs. (R. Y. GANOO, J.)