1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1447 OF 2006 IN SUIT NO.2546 OF 2006 Pratiksha Ketan Shah & Anr. ...Plaintiff Vs. M/s.Shree Prathmesh Builders & Ors. ...Defendants Mr.Chandrakant Chavan for Applicant/Plaintiff Mr. Kishore Jain i/b. T. Goradia & B. Manek for Defendant Nos.4 to 6 Ms. Shweta Shetty for proposed Defendant No.7 CORAM: SMT. ROSHAN DALVI, J. DATED: 15TH FEBRUARY, 2007 P.C. 1. The Suit is filed for specific performance of the agreement dated 20 th December, 2004. Third party rights have been created after filing of the Suit. The Respondent claims to be a bonafide purchaser for value without notice of the Plaintiff claim. The Respondent is therefore a proper party to the suit. 2. The Chamber Summons is made absolute in terms of prayer (a). 2 3. The Plaintiff shall carry out amendments within 2 weeks. The Plaintiff shall also amend the copy of the plaint served upon the Defendants within 2 weeks. The Plaintiff shall serve the amended copy of the plaint upon the Respondent who shall be made Defendant No.7. 4. The Advocate for the Defendant No.7 waives service. (SMT.ROSHAN DALVI, J.)