-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1120 OF 2008 In TRUST PETITION NO.3 OF 2008 Mr.Haroun Alim A.R. Yusuf & Ors. : Petitioners V/s. Mr.Faruq A.R. Yusuf : Respondent And Ismail Building Tenants Association & Ors. : Intervenors ... Mr.J.P.Sen i/b. M/s.Markand Gandhi & Co., for intervenors in support. Mr.Virag Tulzapurkar with Mr.M. Humranwala for the petitioners to show cause. ... CORAM : S.A. BOBDE, J. DATE : AUGUST 25, 2008. P.C. 1. This is a Chamber Summons for intervention in a petition under section 34 of the Indian Trusts Act, 1882. In the petition, the trustees have, inter alia, prayed for sanction for sale of the ground floor premises in favour -: 2 :- of certain party on the terms and conditions set out in the Memorandum of Intent dated 19.12.2006 and for further sanction for sale of the balance property in favour of another party on the terms and conditions set out in the Memorandum of Intent dated 27.7.2007. 2. By the present Chamber Summons, the applicants who claim to be the proposed purchasers of the property in question under an agreement in their favour, claim intervention in these proceedings. 3. Admittedly, the applicants have filed a suit for specific performance against the petitioners herein in respect of the Agreement for Sale of the first two floors of Ismail Building, being Suit (L) No.2322 of 2008. Apparently, for reasons best known to them, they have not applied for any interim relief such as restraining the petitioners from selling the property in question in favour of a third party and instead, they have applied for intervention in these proceedings. 4. It is clear that the proceedings under section 34 instituted by the petitioners are essentially as between the trustees and the Court and involve considerations provided for in the Indian Trusts Act, 1882. Indeed, if the applicants have a claim in respect of the property, -: 3 :- they must agitate the same in the suit filed by them and seek interim relief in that suit. They are not entitled to be impleaded as parties here merely because they claim to have an interest in the suit property. 5. In this view of the matter, I see no reason to allow the Chamber Summons which is hereby dismissed. 6. The Trust Petition is adjourned for two weeks. S.A. BOBDE, J.