1 WP No.3309/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3309 of 2011 Pancham Niljigeshwar Milk and Milk Products Pvt.Ltd. ... Petitioner versus Herigate Foods (India) Pvt.Ltd. ... Respondent ... Mr. Amit B. Borkar for the petitioner. CORAM : D.G. KARNIK, J DATED : 6th June 2011 P.C. 1. The petitioner who is the defendant in the suit challenges the order dated 14 December 2010 passed by the trial court allowing the application of the respondent (plaintiff) under Order 1 Rule 10 for joining the purchaser of the machinery as a party to the suit. 2. The defendant is an owner of certain machinery which is the subject matter of the suit. The respondent filed a suit for a specific performance of an agreement of sale by which the respondent agreed to sell the suit machinery. He claimed a mandatory injunction requiring the petitioner to delivery the suit machinery to it. During the pendency of the suit, the petitioner transferred the 2 WP No.3309/11 suit machinery to a third party. Respondent therefore made an application for joining the third party as party to the suit. The application has been allowed. 2. Counsel for the petitioner submitted that since no relief was claimed against the purchaser of the machinery, he cannot be joined as party to the suit. I am unable to agree. If the mandatory injunction, as prayed for by the respondent is granted, the respondent would be entitled to the delivery of the suit machinery which is presently in possession of the third party (proposed defendant). Interest of the third party are likely to be affected by the final order that may be passed in the suit. In the circumstances, third party certainly is a proper party to the suit. In the circumstances, there is no merit in the writ petition which is hereby rejected summarily. (D.G.KARNIK, J)