1 WP 5891/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5891 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. P.S. Dani for the petitioner. CORAM : D.G. KARNIK, J. DATE : 9TH AUGUST 2010 P.C. : 1. Heard. 2. By this petition, the petitioner challenges the order dated 17 April 2010 passed by the learned Joint Civil Judge, Senior Division, Pune, dismissing the application under Order 1 Rule 10 of the Code of Civil Procedure for joining him as a party to the suit. 3. Respondent nos.2 to 8 are the owners of the suit property. By an agreement for sale, respondent nos.2 to 8 agreed to sell the suit 2 WP 5891/10 property to respondent no.1 who filed the suit for specific performance of an agreement for sale. In the said suit, the petitioner made an application for joining him as a party to the suit alleging that he had agreed to purchase the part of the suit property from the respondent no.1. Respondent no.1 himself had no title to the property. He has only filed a suit for specific performance. In a suit for specific performance by respondent no.1 against respondent nos.2 to 8, the present petitioner has no role to play. He cannot claim any specific performance against respondent nos.2 to 8. Unless respondent no.1 succeeds in his suit and gets title, the petitioner does not have any remedy against respondent nos.2 to 8. Consequently, in a suit for specific performance against respondent nos.2 to 8, the petitioner is not a necessary party. The trial court committed no error in rejecting the application. The writ petition is rejected summarily. (D.G. KARNIK, J.)