: 1 : chs-570-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 570 OF 2008 IN SUIT NO. 1773 OF 1998 Chandrakant P. Mirani & Ors. .. Plaintiffs v/s. LEO Joseph D’mello & Ors. .. Defendants And M/s. Charisma Shelter Pvt. Ltd., .. Applicants ......... Mr. S.S. Purohit i/b Vimadalal & Co. for the plaintiffs Mr. S.A. Oak i/b Mahesh Menon & Co. for defendant nos. 2 to 6 and applicants in CHS. ......... CORAM : R.Y.GANOO, J DATE : 16th AUGUST, 2011. P.C. : 1. The applicants have taken out this chamber summons for being joined as party defendant on the ground that original owners i.e. defendant nos. 1 to 7 had entered into an agreement with the applicants on 2nd August, 1995 and that the rights in respect of the property in question have been taken over by the present applicants. According to the learned Counsel for the applicants the applicants : 2 : chs-570-08=.sxw are necessary parties. Hence, they may be joined as party defendants. Submission advanced on behalf of the learned advocate for the applicants is refuted by the learned advocate for the plaintiffs. He contends that applicant no.8 claims that he has taken over the rights from the defendant nos. 1 to 6 and that the suit can be taken ahead even in the absence of the present applicants. Learned Counsel for the plaintiffs contends that if at all the plaintiffs succeed, they would proceed to execute the decree against the defendants and they will attend to the presence of the present applicants at the relevant time. 2. After having heard Counsel on both sides, the present applicants claims that they have succeeded to the rights of the present defendant nos. 1 to 6. The alleged agreement between defendant nos. 1 to 6 and the present applicants is after the Agreement to Sale between the plaintiff and defendant nos. 1 to 6. If that be so, the present applicants are not necessary party and that the suit can be taken ahead without presence of applicants. If the plaintiffs wish to attend to the matter qua the present applicants after the suit is disposed of, it will be open for them to do so. In view of the above, the chamber summons is required to be disposed of. Hence, following order is passed. : 3 : chs-570-08=.sxw ORDER (i) Chamber Summons is dismissed (ii) There shall be no order as to costs. Defendant nos. 1 to 6 have not filed written statement. Municipal Corporation of Greater Mumbai has filed the written statement. Hence, matter is posted for framing of issues on 8th September, 2011 in the column of framing of issues. (R.Y.GANOO, J.)