ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.8204 OF 2008 PETITION NO.8204 OF 2008 PETITION NO.8204 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.M.P.Mishra for the Petitioner. None for the Respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 17th December, 2008. : 17th December, 2008. : 17th December, 2008. P.C. P.C. P.C. The Petitioner has challenged the impugned order whereby, after considering the agreement dated 09/09/1999 and averments in the Petition, the IIIrd Ad-hoc Addl. Session Judge, City Civil Court, Dindoshi, Mumbai granted the Chamber Summons and thereby directed the Plaintiff-Petitioner to implead the Applicant as a party Defendant No.2. 2. The present suit filed by the Petitioner is for injunction against the Respondent not to dispose, without following the due procedure of law. The ( 2 ) agreement and the averments shows that there is interest of the Applicant in the premises which just cannot be overlooked at this stage. Even the validity of the agreement just cannot be gone into. Therefore, for proper adjudication of the issue raised, I am of the view that the grant of Chamber Summons need no interference. 3. The Petition is, accordingly, dismissed. No costs. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]