1 chs1210-19 & 291.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1210 OF 2006 WITH CHAMBER SUMMONS NO.1219 OF 2006 WITH CHAMBER SUMMONS NO.291 OF 2011 IN SUIT NO.678 OF 2006 Harikrishan R. Bhattad and Ors. .. Plaintiffs Versus M/s.Razvi Builders and Ors. .. Defendants and Ramesh Vallabh Jadhav & Ors. Jitendra Bachu Patel & Ors. along with Madhuben N. Patel & Ors. .. Applicants in Chamber summonses Mr.U.J.Makhija with Mr.N.Vimadalal for plaintiffs Mr.Sandeep Bhimekar i/b. Wadia Gandhi & Co. for defendant No.1 Mr.Parag Sharma for defendant Nos. 2, 35 and 37. CORAM : S.C.DHARMADHIKARI, J. 17th August 2011. P.C.: 1] These three chamber summons are moved by the applicants who claim that in para 11 of the plaint in this suit, it is 2 chs1210-19 & 291.doc stated that defendant No.2 has put the plaintiff in the actual physical possession of the suit property admeasuring 34,475.63 sq.mtrs along with two structures and for that purpose executed a letter of possession. The disclosure in the plaint is that there are only two small structures admeasuring 700 and 450 sq.feet occupied by one Mr.Patel and Mr.Jadhav respectively, both of whom are now deceased and except these structures which are stated to be in possession and occupation of the deceased, the rest of the property is vacant. Therefore, it is necessary to join these applicants as they are necessary parties and particularly when they are in possession and occupation of the larger area than is disclosed in the plaint. 2] It is not disputed by the applicants that they have filed substantive suit, but it is filed in City Civil Court. Both these suits are pending and nothing prevents the applicants from taking appropriate steps so that these suits can be tried together. There are ample remedies available for the applicants in law, including invoking jurisdiction of this Court as a superior court of record to call for papers and proceedings in the suit from the City 3 chs1210-19 & 291.doc Civil Court for trial of that suit along with the present suit. Leaving open such remedy and all contentions therein, these chamber summonses are disposed of. (S.C.DHARMADHIKARI, J)