IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1062 OF 2008 IN SUIT NO.1355 OF 1989 Dalvi & Company .. Plaintiff Versus Dr.P.V.Mandlik Trust & Ors. .. Defendants And M/s.Venus Builders .. Intervenors Mrs.Nityoah Sunil Mehta i/by Nityoah Sunil & Associates for the applicant. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 25th November 2008. : 25th November 2008. : 25th November 2008. P.C.: . Heard the learned counsel appearing for intervenors in support of the Chamber Summons. The suit is filed for specific performance of Agreement for Sale dated 29th December 1976 allegedly executed by the 1st to 5th defendants in favour of one Smt.Sunanda Chandrakant Dalvi and Asha Shankar More. The prayer made in the alternative is of damages. 2. The intervenor is relying upon articles of Agreement dated 28th July 1987 executed by the 2 plaintiffs in favour of the intervenor by which the plaintiffs agreed to sell the suit property to the intervenors. Reliance is also placed on order dated 25th November 1991 passed by the Charity Commissioner of Maharashtra under section 36(1)(a) of the Bombay Public Trust Act, 1950 in favour of the trustees of the 1st defendant authorising the trustees to sale the suit property in favour of M/s.Triumph Builders Pvt Ltd. 3. After having heard the learned counsel appearing for the intervenor, I find that the intervenor is neither necessary nor a proper party. The suit is for specific performance of the Agreement for sale of immovable property executed by the defendants in favour of the plaintiffs. The law is well settled on this aspect. The intervenor being a stranger to the suit Agreement is neither a necessary nor a proper party. The intervenors have also claimed that M/s.Triumph Builders Pvt Ltd be added as party defendant. The said prayer is misconceived. Infact in the chamber summons, a temporary injunction is claimed against M/s.Triumph Builders Pvt Ltd. The prayer for intervention as well as prayer for impleading M/s.Triumph Builders Pvt Ltd is misconceived. 3 4. There is no merit in the chamber summons and the same is accordingly dismissed. It is however made clear that no adjudication is made as regards rights of the intervenors and it is for the intervenors to take out appropriate proceedings in accordance with law. (A.S.Oka,J)