1 WP 8854/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8854 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. D.S. Joshi for the petitioners. CORAM : D.G. KARNIK, J. DATE : 24TH NOVEMBER 2010 P.C. : 1. Heard learned counsel for the petitioners. 2. In a suit for specif performance filed by the respondent no.1 against the respondent nos. 2 to 6, the petitioners made an application for joining themselves as parties alleging that they have interest in the suit property. The trial Judge by his order dated 3rd September 2010 rejected the application. That order is impugned in this writ petition. 2 WP 8854/10 3. In Bharat Karsondas Thakkar v. Kiran Construction Co., (2008) 13 SCC 658, the Supreme Court has held that a suit for specific performance cannot be allowed to be converted into a suit for title at the instance of a third party. The petitioners, therefore, could not contend in a suit for specific performance that respondent nos.2 to 6 had no title and/or that they were co-owners of the property and convert the suit into a suit for title. The trial Judge therefore has rightly rejected the application. 4. Learned counsel for the petitioners relies upon a decision of the Supreme Court in Savitri Devi v. District Judge, Gorakhpur, AIR 1999 SC 976. That was a case where the property was transferred. Hence, that case has no application to the facts of the present case. The writ petition is rejected summarily. (D.G. KARNIK, J.)